No. 18-8951

Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction

Lower Court: Arkansas
Docketed: 2019-04-23
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-procedure discretion due-process eighth-amendment graham-v-florida juvenile-sentencing life-without-parole mitigation proportionality sentencing-mitigation
Key Terms:
Punishment
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount to the functional equivalent of life without parole?

Question Presented (OCR Extract)

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

Docket Entries

2019-11-04
Petition DENIED.
2019-10-16
DISTRIBUTED for Conference of 11/1/2019.
2019-09-13
Reply of petitioner Terrance Proctor filed.
2019-08-14
Brief of respondent Wendy Kelley in opposition filed.
2019-06-21
Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2019.
2019-06-20
Motion to extend the time to file a response from July 3, 2019 to August 16, 2019, submitted to The Clerk.
2019-06-03
Response Requested. (Due July 3, 2019)
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent Wendy Kelley to respond filed.
2019-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)

Attorneys

Terrance Proctor
Terrance Proctor — Petitioner
Terrance Proctor — Petitioner
Wendy Kelley
Vada BergerAR Attorney General's Office, Respondent
Vada BergerAR Attorney General's Office, Respondent
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent