Billy Stewart, Sr. v. Wendy Kelley

LOKEN, Circuit Judge.

In September 2011, a Garland County, Arkansas jury found Billy Wayne Stewart, Sr. guilty of raping J.H., an adult woman with the mental capacity of a young child. See Ark. Code Ann. § 5-14-103 (a)(2)(B) (2011 Supp.). Under Arkansas law, after finding a defendant guilty of a felony offense, the same jury "determine[s] a sentence within the statutory range," unless both parties waive jury sentencing with the court's consent. See Ark. Code Ann. § 16-97-101 . During Stewart's jury sentencing, the prosecutor introduced evidence of his seven prior felony convictions, which made…