Terrance Proctor v. Wendy Kelley, Director, Arkansas Department of Correction
1. Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount functional equivalent of life w/out parole?
Application of Graham
Was Graham v. Florida meant to be applied to aggregate sentence at outset that deprive juvenile the opportunity to demonstrate maturity and rehabilitation and one day reenter society?
Functional life Sentences for Juveniles
Whether cumulative sentences for juveniles should be viewed as one sentence when the aggregate nature of sentence exceeds the juvenile's life expectancy?
Proportionality
Whether requiring non-homicidal juveniles with aggregate sentences to serve more time than juveniles convicted of some crimes with homicide are inherent miscarriages of justice & disproportionate in violation of eighth amendment.
2. Does it violate the 8th Amendment when court undertakes goal of "ruining" juvenile's life at outset with no consideration of mitigation in evidence?
Was vindictive sentence abuse of discretion at outset?
Whether youths mitigation unconstitutionally not acknowledged?
Are consecutive, fixed term sentences for juveniles unconstitutional at the outset when they amount to the functional equivalent of life without parole?