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Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime
Loaded on Nov. 30, 2022
by Jacob Barrett
published in Prison Legal News
December, 2022, page 59
Filed under:
U.S. Sentencing Guidelines,
Sentence Enhancements/Departures,
Probation, Parole & Supervised Release.
Location:
Arkansas.
by Jacob Barrett
On May 26, 2022, the Supreme Court of Arkansas held the state Department of Corrections (DOC) miscalculated parole-eligibility dates for a pair of state prisoners, causing a delay somewhere between 45 and 66 months.
Marcus Atkins and Calvin Perry were convicted for April 2007 …
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More from this issue:
- ‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm, by Matthew Clarke
- Settlement Extended Again After Federal Judge Faults California Prisons for Using Snitches in Solitary and Parole Procedures, by Jacob Barrett
- From the Editor, by Paul Wright
- Oregon Supreme Court Holds Corizon Health and Other Jail Contractors Liable Under State Disability Rights Laws, by Mark Wilson
- Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody, by David Reutter
- Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process, by Douglas Ankney
- Cages in the Coalfields, by Judah Schept
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, by David Reutter
- Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process, by Mark Wilson
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, by Matthew Clarke
- North Carolina Prisoners Languish Without Air Conditioning, by Kevin Bliss
- Ninth Circuit Tells Nevada DOC: ‘Wait and See’ Prisoner Medical Care Can’t Become ‘Deny and Delay’, by David Reutter
- $2.57 Million Settlement for Hogtying Death in NC Police Custody, by Eike Blohm, MD
- Class Certified in ‘Orange Crush’ Shakedown Lawsuit by Illinois Prisoners, by David Reutter
- Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached, by Ashleigh Dye
- Pennsylvania County Retakes Control of Jail From GEO Group, by Keith Sanders
- Prisoners Awarded Damages for Denial of Public Records by Ohio Prison Officials, by David Reutter
- Tenth Circuit Revives Suit Against Colorado Jail Guard in Death of Mentally Disabled Detainee, by David Reutter
- California Pays $3.5 Million to Settle Suit Over State Prisoner’s Murder, by Ashleigh Dye
- LGBTQ Adults and Youth Face Criminalization and Over-Incarceration, by Jacob Barrett
- Former South Carolina Deputy Gets 18 Years for Driving Transport Van With Two Detainees Into Flood, Drowning Them, by Ashleigh Dye
- Excess Prisoner-Made Hand Sanitizer Costing N.Y. Taxpayers Millions to Dispose Of, by David Reutter
- $54,000 Award for Georgia Prisoner in Failure-To-Protect Lawsuit, by David Reutter
- After Sixth Circuit Stops Attempted End-Run Around Rules, Former Kentucky Jail Detainee Settles Suit Against Southern Health Partners, by Kevin Bliss
- CDCR’s Medication Assisted Treatment Program for Substance Abusers is a Resounding Success, by Matthew Clarke
- Former Deputy Warden Gets Two Years for Assaulting Mississippi Prisoner, by Kevin Bliss
- New Policy Banning Care Packages Makes Life Harder for N.Y. Prisoners, by Jayson Hawkins
- South Carolina Death Row Doctor Breaks Silence About Years of Executions, by Ashleigh Dye
- New York City Jails Admit Illegally Recording Over 2,200 Attorney-Client Phone Calls, by Anthony Accurso
- Texas Commission on Jail Standards Finds Unacceptable Conditions in Nueces County Jail, by Benjamin Tschirhart
- Disgraced Virginia Sheriff Gets 12 Years for Bribery and Corruption, by Ashleigh Dye
- Texas Prisoner Killed After Wounding Guard in Escape and Killing Family While on the Run, by Matthew Clarke
- Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol, by David Reutter
- Idaho Lowers Cloak of Darkness Over Execution Protocols, by Douglas Ankney
- ‘Good Time’ Credit Policy Wrongly Under Attack in Alabama, by Jo Ellen Nott
- ACH Settles After Federal Jury Awards $8.5 Million in Suit Over Missouri Detainee’s Death, by Benjamin Tschirhart
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- Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’, by David Reutter
- $3.7 Million in Attorney Fees Paid to Settle COVID-19 Class-Action at Orange County Jail, by Jacob Barrett
- Federal Jury Awards $30,501 to Indiana Prisoner in Retaliation Lawsuit, by David Reutter
- Federal Government Pays $300,000 for Endangering Diabetic Prisoner With ‘Dramatically’ Subpar Care, by Benjamin Tschirhart
- Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime, by Jacob Barrett
- COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’, by David Reutter
- Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies, by David Reutter
- Third Guilty Plea Entered in Massive Aryan Brotherhood Drug Conspiracy in California Prisons, by Jo Ellen Nott
- Settlement Reached in COVID-19 Class Action Against DC Jail, by Kevin Bliss, Jayson Hawkins
- News in Brief
More from Jacob Barrett:
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, July 15, 2023
- $17.675 Million Paid for New Yorker’s Wrongful Conviction, June 15, 2023
- Eighth Circuit Greenlights Arkansas Execution Protocol, June 15, 2023
- Second Circuit Upholds Connecticut Prison Porn Ban, Sets Up Circuit Split Over “Vagueness” Test, June 15, 2023
- Louisiana Sheriff Coughs Up $2.75 Million After Falsely Claiming Detainee Died From Accidental Fall, June 15, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, June 15, 2023
- Corizon Bankruptcy Threatens $6.4 Million Award to Family of Michigan Prisoner Whose Five-Day Jail Term Turned Into Death Sentence, June 1, 2023
- Detainee Allegedly “Eaten Alive” by Vermin in Overcrowded Atlanta Jail, May 1, 2023
- Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies, May 1, 2023
- Nevada Pays Over $568,000 for Denying Prisoner Cataract Surgery, Ends “One Good Eye” Policy, May 1, 2023
More from these topics:
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, Sept. 1, 2026. U.S. Sentencing Guidelines, Revocation/Modification of Probation, etc., Statement of Reasons, Sentence, Factors To Be Considered.
- Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence, Sept. 1, 2026. Conspiracies, Attempts, Solicitations, Qualifying Offenses, Statutory Construction/Interpretation, Sentence Enhancements/Departures, Predicate Acts/Offenses.
- Relevant Conduct: How Federal Sentencing Law Punishes More Than the Crime of Conviction, Aug. 1, 2026. U.S. Sentencing Guidelines, Prior Conviction/Sentence/Incarceration, Plain Error, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
- Guaranteed Income Helps People Leaving Jail and Prison, and That Helps Everyone, May 1, 2026. Crime/Demographics, Prisoner Privileges, housing, jobs, Restrictions, discrimination, Probation, Parole & Supervised Release, Fines.
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026. U.S. Sentencing Guidelines, Qualifying Offenses, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Child Pornography.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.

