Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction
Punishment
Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount to the functional equivalent of life without parole?
QUESTIONS PRESENTED 1. Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when t hey amount functional equivalent of life w/out parole? : Application of Graham (a) Was Graham v. Florida meant to be applied to aggregate sentence at outset that deprive juvenile the opportunity to demonstrate maturity and rehabilitation and one day reenter society? Functional life Sentences for Juveniles ' (b) Whether cumulative sentences for juveniles should be viewed as one sentence when the aggregate nature of sentence exceeds the juvenile’s life expectancy?. Proportionality (c) Whether requiring non-homicidal juveniles with aggregate sentences to serve more time than juveniles convicted of some crimes with homicide are inherent miscarriages of justice & disproportionate in violation of eighth amendment. 2. Does it violate the 8" Amendment when court undertakes goal of “ruining” juvenile’s life at outset with no consideration of mitigation in evidence? (a). Was vindictive sentence abuse of discretion at outset? (b). Whether youths mitigation unconstitutionally not acknowledged? i