Page:Jackson v. Norris.pdf/2

 held that Arkansas's sentencing scheme violated the Eighth Amendment's prohibition on "cruel and unusual punishments" because it imposed upon Jackson a mandatory sentence of life without parole despite his having been under the age of eighteen at the time he committed the crime of capital murder. Miller v. Alabama, ___ U.S. ___, ___, 132 S. Ct. 2455, 2460 (2012).

On remand from the United States Supreme Court, we reverse the denial of the petition for writ of habeas corpus and issue the writ. We further remand the case to the Jefferson County Circuit Court with instructions that the case be transferred to the Mississippi County Circuit Court. We also instruct that a sentencing hearing be held in the Mississippi County Circuit Court where Jackson may present for consideration evidence that would include that of his "age, age-related characteristics, and the nature of" his crime. Id. at ___, 132 S. Ct. at 2475. Further, we instruct that his sentence must fall within the statutory discretionary sentencing range for a Class Y felony.

Jackson was convicted of capital murder. Arkansas Code Annotated section 5-10-101 (Repl. 1997) provides in full as follows: (a) A person commits capital murder if:

(1) Acting alone or with one (1) or more other persons, he commits or attempts to commit rape, kidnapping, vehicular piracy, robbery, burglary, a felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 — 5-64-608, involving an actual delivery of a controlled substance, or escape in the first degree, and in the course of and in furtherance of the felony, or in immediate flight therefrom, he or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life; or

(2) Acting alone or with one (1) or more other persons, he commits or attempts to commit arson, and in the course of and in furtherance of the felony or in immediate