Nicholas Mills v. State of Arkansas

Summary

The document is a dissenting opinion from the Arkansas Supreme Court's denial of a petition for review in Nicholas Mills's criminal case. Associate Justice Nicholas J. Bronni argues that the court of appeals improperly held that Mills could not show prejudice from allegedly improper sentencing evidence merely because he received less than the statutory maximum; Justice Webb joined the dissent.

Questions Presented

1. Whether a defendant's receipt of a sentence below the statutory maximum categorically defeats a claim of prejudice from improperly admitted sentencing evidence.
2. Whether the Arkansas Supreme Court should reconsider or overrule the asserted rule that a below-maximum sentence precludes prejudice from sentencing error.

Disposition

other