In a recent ruling, the Arkansas Supreme Court affirmed the dismissal of a habeas corpus petition filed by Lee Charles Millsap, who is serving a life sentence without the possibility of parole for capital murder. The court's decision, delivered on November 12, 2026, confirms that Millsap's claims regarding his sentencing and plea agreement were without merit. This ruling affects Millsap and sets a precedent for similar cases involving habeas corpus petitions in Arkansas.
Millsap, who pled guilty to capital murder, first-degree terroristic threatening, and second-degree battery in 1998, argued that his sentencing was inconsistent with his plea agreement. He contended that the circuit court had imposed consecutive sentences instead of concurrent ones, which he claimed made his judgment "illegal on its face." Additionally, Millsap asserted that he was not informed of his right to withdraw his plea during the plea hearing. The circuit court had previously rejected these claims, leading to Millsap's appeal.
The dispute began when Millsap filed his petition for a writ of habeas corpus in 2024, seeking relief under Arkansas law, which allows a petitioner to challenge a judgment if it is invalid on its face or if the court lacked jurisdiction. The Lincoln County Circuit Court found that Millsap's sentences for the two additional felonies were imposed to run concurrently, contrary to his claims. The court ruled that Millsap had not demonstrated that he was being illegally detained.
In its ruling, the Arkansas Supreme Court emphasized that when a petitioner alleges that a judgment is invalid, the review is limited to the face of the order itself. The court noted, "Millsap failed to meet his burden of showing, 'by affidavit or other evidence, that he has probable cause to believe that he is being illegally detained.'" The court also stated that Millsap's claims regarding his plea agreement were not appropriate for habeas proceedings, as they required a review of the trial record, which is outside the scope of a petition under Arkansas law.
The court's decision was made by Associate Justice Shawn A. Womack, with Special Justices Cory Cox and Abbie Rucker joining in the opinion. The ruling affirmed the lower court's decision to deny Millsap's petition, stating that there was no clear error in the circuit court's findings.
This ruling has significant implications for Millsap, who will continue to serve his life sentence without the possibility of parole. The court's decision also reinforces the limitations of habeas corpus petitions in Arkansas, particularly regarding claims related to plea agreements and sentencing issues. By affirming the lower court's dismissal, the Arkansas Supreme Court has set a clear precedent that similar claims may not succeed in future cases.
As for what comes next, Millsap may seek further legal avenues, but the court's ruling effectively closes the door on his current claims regarding his sentence and plea agreement. There are no indications from the court filing regarding any related cases pending or whether Millsap intends to appeal further.
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