Proctor v. Hobbs
| Decision Date | 12 February 2015 |
| Docket Number | No. CV-14-768,CV-14-768 |
| Citation | 2015 Ark. 42 |
| Parties | TERRANCE PROCTOR APPELLANT v. RAY HOBBS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION APPELLEE |
| Court | Arkansas Supreme Court |
2015 Ark. 42
TERRANCE PROCTOR APPELLANT
v.
RAY HOBBS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION APPELLEE
No. CV-14-768
SUPREME COURT OF ARKANSAS
February 12, 2015
APPEAL FROM THE LINCOLN COUNTY CIRCUIT COURT
[NO. LCV 2013-56-5]
HONORABLE JODI RAINES DENNIS, JUDGE
AFFIRMED.
JIM HANNAH, Chief Justice
In this appeal from the resentencing that was required pursuant to the United States Supreme Court's decision in Graham v. Florida, 560 U.S. 48 (2010), appellant, Terrance Proctor, challenges his new sentence, a term of forty years, imposed for a nonhomicide offense he committed when he was seventeen years old. The sole issue on appeal is whether we should overrule or modify our decision in Hobbs v. Turner, 2014 Ark. 19, 431 S.W.3d 283, in which we concluded that the proper State habeas remedy for a sentence rendered illegal by Graham is to reduce that sentence from life to the maximum term-of-years sentence allowed by law. We decline the invitation to overrule or modify Turner and affirm the sentence imposed by the circuit court.
Proctor committed a string of aggravated robberies in 1982 when he was seventeen years old. On January 13, 1983, he pled guilty in the Pulaski County Circuit Court to ten counts of aggravated robbery and one count of robbery. For one of the aggravated-robbery convictions, Proctor was sentenced to a term of life imprisonment. For the remaining offenses,
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he was sentenced to a total of two hundred years' imprisonment, to be served consecutively to his life sentence.
In 2010, the Supreme Court of the United States held that the Eighth Amendment "forbids a State from imposing a life without parole sentence on a juvenile nonhomicide offender." Graham, 560 U.S. at 75. Thereafter, Proctor filed a petition for writ of habeas corpus in the Lincoln County Circuit Court and alleged that, pursuant to the Court's decision in Graham, his sentence of life imprisonment for the nonhomicide offense of aggravated robbery was illegal. He requested that the circuit court vacate his sentence and contended that, if the State sought to resentence him, he was entitled to a resentencing proceeding in the circuit court in which he had been...
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Proctor v. Payne
...to run consecutively. Accordingly, Proctor was sentenced to a 240-year cumulative sentence, which we affirmed in Proctor v. Hobbs , 2015 Ark. 42, 2015 WL 603211 ( Proctor I ).In 2017, Proctor filed a second petition for writ of habeas corpus in the Lincoln County Circuit Court and argued th......
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Proctor v. Kelley
...Therefore, Proctor was sentenced to a 240-year cumulative sentence, which he is now serving. We affirmed on appeal. Proctor v. Hobbs , 2015 Ark. 42, 2015 WL 603211.Proctor filed another petition for a writ of habeas corpus in the Lincoln County Circuit Court on August 9, 2017. Proctor argue......
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Proctor v. Ark. Dep't of Corr.
...2. Proctor is serving a 240-year aggregate sentence for a string of aggravated robberies he committed at age seventeen. Proctor v. Hobbs, 2015 Ark. 42, 2015 WL 603211, *1. Proctor initially received a life imprisonment charge on one of the aggravated robbery charges, followed by a consecuti......
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Smith v. Kelley
...of the sentence from life to the maximum term-of-years sentence allowed by law. Turner, 2014 Ark. 19, 431 S.W.3d 283; see also Proctor v. Hobbs, 2015 Ark. 42. Rape under the applicable statute was a class A felony. Ark. Stat. Ann. § 41-1803 (Repl. 1977). As such, it was punishable by a term......