Legal Opinion

Harris v. State

Supreme Court of Arkansas

Decided May 24, 2018No. CR–17–533PublishedCited by 26 opinions

1Opinion of the CourtJohn Dan Kemp, Chief Justice

Appellant Derrick Lynell Harris appeals from the Drew County Circuit Court's order denying him a resentencing hearing and imposing a sentence of life with parole eligibility pursuant to the Fair Sentencing of Minors Act of 2017 (FSMA).1 We reverse and remand.

In 1996, Harris was found guilty by a Drew County jury of capital murder. The capital-murder statute in effect at the time of Harris's offense provided for a sentence of either death or life imprisonment without parole. See Ark. Code Ann. § 5-10-101(c) (Supp. 1995).2 Because Harris was fifteen years old3 when he committed the crime, he…

Also in this document: Dissent.

2Cases cited20 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Russello v. United StatesSupreme Court of the United States · 1983
  3. Roper v. SimmonsSupreme Court of the United States · 2005
  4. Graham v. FloridaSupreme Court of the United States · 2010
  5. Montgomery v. LouisianaSupreme Court of the United States · 2016

15 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Robinson v. StateSupreme Court of Arkansas · 2018
  2. Terrance Proctor v. Dexter Payne, Director, Arkansas Department of CorrectionSupreme Court of Arkansas · 2020
  3. James Derrick Grubbs v. State of ArkansasSupreme Court of Arkansas · 2020
  4. Jimmy Scherrer v. State of ArkansasSupreme Court of Arkansas · 2019
  5. Segerstrom v. StateSupreme Court of Arkansas · 2019

21 more not listed; retrieve them via the Exa API.

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