Page:Kelley v. Gordon.pdf/1

 Cite as 2015 Ark. 277

CV-14-1082 WENDY KELLEY, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTIONAPPELLANT

V.

ULONZO GORDONAPPELLEE June 18, 2015

APPEAL FROM THE LEE COUNTY CIRCUIT COURT, [NO. 39CV-13-83]

HONORABLE RICHARD L. PROCTOR, JUDGE

AFFIRMED. 

This is an appeal from the Lee County Circuit Court’s order granting appellee Ulonzo Gordon relief in his habeas-corpus proceeding upon finding that the holding of Miller v. Alabama, ___ U.S. ___, 132 S. Ct. 2455 (2012), which prohibited mandatory sentences of life without the possibility of parole for juvenile offenders, applies retroactively. On appeal, Wendy Kelley, Director, Arkansas Department of Correction (the State), argues that the circuit court erred by ruling that Miller applies retroactively and that the circuit court’s equalprotection/due-process ruling was erroneous. We affirm.

This is the second time this habeas appeal has been before us. Previously, this court reversed for failure to follow the procedures mandated by our habeas-corpus statutes, beginning with making a finding of probable cause to issue the writ, and remanded the case to the circuit court. Hobbs v. Gordon, 2014 Ark. 225, 434 S.W.3d 364. As set out in that opinion,