Kitchell v. State (Majority, with Dissenting)
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The Supreme Court reversed the judgment of the circuit court resentencing Defendant to life imprisonment after his original life-without-parole sentence was vacated due to Miller v. Alabama, 567 U.S. 460 (2012), holding that the circuit court erred by allowing the jury to be informed of Defendant's prior sentence.
Defendant pleaded guilty to capital murder and attempted capital murder and was sentenced to life without the possibility of parole. After Miller was decided, the Supreme Court granted habeas relief and remanded to the circuit court for a sentencing hearing where Defendant could present Miller evidence for consideration. The circuit court held a resentencing trial, and the jury sentenced Defendant to life. On appeal, Defendant argued that the circuit court erred by permitting the jury to be informed that Defendant was previously sentenced to life imprisonment without parole. The Supreme Court reversed and remanded the case for a new sentencing trial, holding that the circuit court abused its discretion in not excluding this evidence pursuant to Ark. R. Crim. P. 403 and that the error was not harmless.
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