Page:Kelley v. Gordon.pdf/7

 defendant in the case announcing the rule, evenhanded justice requires that it be applied retroactively to all who are similarly situated."). Therefore, as a matter of fundamental fairness and evenhanded justice, we affirm the circuit court's order vacating Gordon's sentence of life without parole and reinvesting the sentencing court with jurisdiction to hold a new sentencing hearing under Miller. Gordon is entitled to the same relief from his unconstitutional sentence as Kuntrell Jackson received—namely, a sentencing proceeding at which he will have the opportunity to present Miller evidence.

We are not unmindful of the State's arguments regarding fairness to those involved in and affected by Gordon's trial and sentencing. The State argues that Gordon received a fair trial and lawful sentence at the time of his conviction, and it would upset the expectations of all involved to vacate his sentence and have a new sentencing proceeding. Furthermore, the State argues that the costs, both in resources and human suffering, particularly that of the victim's family, should not be forgotten. These are compelling interests, but we hold that the Eighth Amendment's ban on cruel and unusual punishment outweighs the factors favoring finality.

Because we affirm for the reason stated above, we do not address the circuit court's equal-protection and due-process rulings. In sum, we affirm the circuit court's order vacating Gordon’s sentence of life imprisonment without parole and remanding to the Crittenden County Circuit Court for appropriate resentencing proceedings.

Affirmed.

Jeff Rosenzweig, for appellant.

Leslie Rutledge, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.