Hobbs v. Hodge

The majority has reversed and remanded without ruling whether Miller v. Alabama applies retroactively. The basis for the majority’s decision is our opinion in Hobbs v. Gordon, 2014 Ark. 225, 434 S.W.3d 364. I dissent because Gordon does not control this case.

In Gordon, there was a legitimate dispute as to the petitioner’s age at the time of the offense. The age listed on his birth certificate was different from the age listed on his judgment and commitment order. Gordon, 2014 Ark. 225, at 2, 434 S.W.3d at 365-66. If the former age was accurate, the petitioner was entitled to relief; if the…