Graham v. Norris

10 S.W.3d 457, 340 Ark. 383
CourtSupreme Court of Arkansas
DecidedFebruary 17, 2000
Docket98-1124
StatusPublished
Cited by1 cases

This text of 10 S.W.3d 457 (Graham v. Norris) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. Norris, 10 S.W.3d 457, 340 Ark. 383 (Ark. 2000).

Opinions

TOM GLAZE, Justice.

This appeal represents the last in a trilogy of cases in which inmates contend they were unlawfully denied meritorious good time when the General Assembly enacted what Teddy Graham contends to be ex post facto legislation. Duncan v. State, 337 Ark. 306, 987 S.W.2d 721 (1999); Ellis v. Norris, 333 Ark. 200, 968 S.W.2d 609 (1998). Our court took jurisdiction of this case to interpret certain Arkansas acts and statutes that deal with prisoners’ meritorious good time and to determine if those laws, or the State’s application of them, have violated Arkansas’s or the United States’ Ex Post Facto Clauses. Ark. Sup. Ct. R. 1 — 2(b).

In June of 1986, appellant Teddy Graham was convicted of aggravated robbery and of being a felon in possession of a firearm and given a forty-year sentence. While serving his sentence, Graham was transferred pursuant to the Interstate Corrections Compact (Ark. Code Ann. § 12-49-101 (Repl. 1999)) to the Ellis County Jail in Arnett, Oklahoma; during his confinement there, he performed volunteer work authorized under Ark. Code Ann. §12-30-408 (1987). Before its repeal, § 12-30-408 provided that inmates who engaged in volunteer work shall earn an additional day of meritorious good time for every day engaged in the volunteer time. (Emphasis added.)

Section 12-30-408, the law under which Graham earned 544 days of meritorious good time, was repealed in 1989 by Act 503. That Act reads as follows:

SECTION 1. Arkansas code 12-30-408 is hereby repealed.
SECTION 4. Emergency. It is hereby found and determined by the General Assembly that Arkansas Code 12-30-408 establishes good time credit for contractual and volunteer work by inmates at a higher rate than is provided for job assignments within the Department of Correction; that this law creates inequities that are detrimental to the overall operations of the Department of Correction; that Arkansas Code 12-29-202 makes adequate provision for good time awards; and that this Act should be given immediate effect in order to clarify the law as soon as possible.

Although § 12-30-408 had been repealed in 1989, Graham performed and accumulated 544 days of volunteer work at the Oklahoma facility during the period between February 1, 1995, and July 29, 1996. Graham claimed entitlement to these days under § 12-30-408 because that statute was in effect at the time he committed the crimes for which he was convicted in 1986. Sometime in 1996, he first petitioned the Arkansas Records Supervisor of the Diagnostic Unit to credit his records with 544 days of meritorious good time. This request was denied, and his next request was again rejected by the warden of the unit. Graham’s request was finally denied by the Assistant Director of Institutional Services on the grounds that § 12-30-408 had been repealed.

On January 9, 1998, Graham filed a petition for declaratory judgment and writ of mandamus in the Jefferson County Circuit Court' where he claimed the 544 days in good-time credit, and contended that Act 503, which repealed § 12-30-408, violated the Ex Post Facto Clauses of the Arkansas and United States Constitutions. On June 29, 1998, the circuit court denied Graham’s claims for relief because the good-time credit he sought resulted from a program which was available to an inmate at the State’s discretion and was thus not mandatory. For this reason, the trial court held that the State’s withdrawal of that volunteer-work program and good time did not violate the Ex Post FartoClauses.

In this appeal, Graham continues his argument that Act 503 violated the Ex Post Facto Clauses because its retroactive application worked to his disadvantage by extending his period of confinement before he is eligible for release or parole and by increasing his punishment. He also cites Ark. Code Ann. § 16-93-607(4) (1987), and submits this statute mandates that he must serve three-fourths of his sentence, with credit for good-time allowances, before he can be released on parole. Section 12~30-408’s repeal, he argues, eliminated his ability to reduce his maximum term.

Graham’s arguments are almost identical to the ones we dealt with in our recent Ellis and Duncandecisions. In Ellis, the prisoner challenged as ex post facto Acts 536 and 558 of 1993, which repealed “good-time allowances” provided in Act 273 of 1987. Act 273 permitted prisoners extra good time when they completed rehabilitative programs or performed special jobs. Prisoner Ellis premised his constitutional argument on the case of Weaver v. Graham, 450 U.S. 24 (1981), where the Supreme Court pointed out that “two critical elements must be present for a criminal or penal law to be ex post facto: it must be retrospective, that is, it must apply to events occurring before its enactment, and it must disadvantage the offender affected by it.” Weaver, 450 U.S. at 29. Our court rejected Ellis’s arguments, but, in doing so, distinguished' Weaver from Ellis’s situation because the Weaver case dealt with automatic good time, rather than the discretionary good time Ellis would earn under Arkansas’s law. In disposing of Ellis’s arguments, our court further discussed the Supreme Court’s more recent case of California Department of Corrections v. Morales, 514 U.S. 499 (1995). There, the Supreme Court observed that its language in the Weaver opinion was inconsistent with its decision in Collins v. Youngblood, 497 U.S. 37 (1990), and in a footnote the court stated the following:

Our opinions in Lindsey, Weaver and Miller suggested that enhancements to the measure of criminal punishment fall within the ex post facto prohibition because they operate to the “disadvantage” of the accused offenders, [citations omitted] But that language was unnecessary to the results of those cases and is inconsistent with the framework developed in Collins v. Youngblood, [citation omitted] [emphasis added]. After Collins the focus of the ex post facto inquiry is not on whether a legislative change produces some ambiguous sort of “disadvantage,” nor, as the dissent seems to suggest, on whether an amendment affects a prisoner’s “opportunity to take advantage of early release,” [citation omitted], but on whether any such change alters the definition of criminal conduct or increases the penalty by which a crime is punishable.

We considered the foregoing language in our Ellis case and interpreted it as follows:

We think a fair interpretation of this footnote is that it was not a disadvantage in the form of the lost opportunity to reduce the prison sentence that was dispositive in Weaver. Rather, it was the fact that a reduction in the amount of good time that was automatically awarded operated to increase the length ;of time Weaver would be in prison. In other words, the disadvantage suffered by Weaver, in the form of an increase in the punishment for his crime, is within the scope of the Ex Post Facto Clause. Consequendy, Weaver is not helpful to Ellis unless the repeal of “extra good time” actually operates to increase his sentence, rather than merely remove his opportunity to reduce his time in prison.

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10 S.W.3d 457, 340 Ark. 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-norris-ark-2000.