Millsap v. Kelley

Summary

The Arkansas Supreme Court affirmed the dismissal of Lee Charles Millsap Jr.'s petition for a writ of habeas corpus. Millsap argued that his life-without-parole sentence for capital murder was facially invalid because the death penalty had been waived. The court held that the applicable statutes could be read in harmony and that life imprisonment without parole was a permissible sentence.

Holdings

1. A life-without-parole sentence is within the statutory range for capital murder even when the death penalty has been waived; section 16-89-108(b) does not prohibit imposition of the only permissible alternative sentence under section 5-10-101.
2. Millsap was not entitled to habeas relief because he failed to establish that the judgment was facially invalid or that the trial court lacked jurisdiction, and therefore failed to show probable cause that he was illegally detained.

Questions Presented

1. Whether Millsap's life-without-parole sentence for capital murder was facially invalid because the death penalty had been waived and Arkansas Code Annotated section 16-89-108(b) states that punishment cannot be fixed at more than life imprisonment.
2. Whether Millsap established probable cause to believe that he was illegally detained and was therefore entitled to habeas relief.

Disposition

affirmed