Grover Henderson v. Larry Norris, Director, Arkansas Department of Correction

MORRIS SHEPPARD ARNOLD, Circuit Judge.

An Arkansas state jury sentenced Grover Henderson to life imprisonment, see Ark.Code Ann. § 5-4-103(a), for the first offense of which he has ever been convicted, the delivery of .238 grams of cocaine base. See Ark.Code Ann. § 5-64-401(a)(l)(i). He appealed, contending that his sentence was cruel and unusual punishment under the eighth amendment to the Constitution. The Arkansas Supreme Court affirmed his conviction in a four-to-three decision. See Henderson v. Arkansas, 322 Ark. 402, 411-12, 910 S.W.2d 656, 660-61 (1995). Mr. Henderson then petitioned…