Supreme Court Agrees to Weigh Arkansas Inmate’s Right to Grow a Beard

[Capt. Obvious]

Source: New York Times

The Supreme Court on Monday agreed to decide whether prison officials in Arkansas may prohibit inmates from growing beards in accordance with their religious beliefs.

The policy was challenged by Gregory H. Holt, who is serving a life sentence for burglary and domestic battery. Mr. Holt said his Muslim faith required him to grow a beard.

The state’s policy allows trimmed mustaches, along with quarter-inch beards for those with dermatological problems. Prison officials said the ban on other facial hair was needed to promote “health and hygiene,” to minimize “opportunities for disguise” and to help prevent the concealment of contraband.

Mr. Holt sued under the Religious Land Use and Institutionalized Persons Act, a federal law that requires prison officials to show that policies that burden religious practices advance a compelling penological interest and use the least restrictive means to do so. The United States Court of Appeals for the Eighth Circuit, in St. Louis, ruled in June that the justifications offered by the officials satisfied that standard.



Read more: http://www.nytimes.com/2014/03/04/us/supreme-court-agrees-to-weigh-arkansas-inmates-right-to-grow-a-beard.html?partner=rss&emc=rss&smid=tw-nytimes&_r=0

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Appellant Gregory Holt was convicted of aggravated residential burglary and first-degree domestic burglary. Appellant was sentenced to life imprisonment on the aggravated residential burglary charge and forty years on the first-degree domestic battery charge, with the sentences to run concurrently.

I'm still a little taken aback by the length of sentence for his crimes. I think "life" then he must have murdered someone.

[elleng]

1. I agree with your concern about the length of the sentence.

Not a nice guy, but

[Capt. Obvious]

3. I tried finding the original case

What I posted above is a summary from an appeal.

Poking around the internet - 1st degree burglary gets 2-6 years in a few states I looked at.

Life for that.

And another 40 for domestic assault.

Either there's a ton missing from this story or unbelievably draconian. Or a little of both.

[Rowdyboy]

2. Slashed his girlfriends throat then stabbed her in the chest

[Capt. Obvious]

4. Thank you

But he didn't get life for that. He got life for burglary.

[Rowdyboy]

5. I'm assuming that was the "domestic violence" part of the conviction...

I can't find the original conviction either.

[Capt. Obvious]

7. According to the summary from his appeal posted above

he got 40 years for the assault; life for the burglary.

http://law.justia.com/cases/arkansas/supreme-court/2011/cr10-1164-9.html

That just baffles me.

[Rowdyboy]

8. And he's appealing the right to grow a beard? I think I'd concentrate more on overturning

the "life" in prison but who knows what else is involved.

[elleng]

6. That'll do it.

'Thanks.'

[sakabatou]

14. Yup

[Auntie Bush]

10. And this guy has religious convictions?

Where were they when he was assaulting that woman?

[Dr. Strange]

12. He didn't have a beard then.

How can one tell right from wrong without facial hair?

[VA_Jill]

9. I'm seeing a lot

on other sites about how prisoners "give up their rights" etc. etc. once convicted. Of course a lot of these comments have to do with the fact that the prisoner is Muslim. Apparently if he were Christian and being refused the right to have a bible or some such the same folks would be all up in arms. In fact, some of the commenters have pretty much said so. Ain't Christian bigotry wonderful?

disclaimer: Yes, I am a Christian. Hopefully not THAT kind of Christian; at least I try not to be!

[mpcamb]

11. Just reading the first 2 sentences of the article, a question comes to mind...

Is this a burning issue of our time and should they be spending their time on it?

[Rowdyboy]

13. Found a bit more on the website of the Arkansas Dept of Corrections-apparently a habitual offender

though few details.



http://adc.arkansas.gov/inmate_info/search.php?dcnum=129616&lastname=holt&firstname=gregory&sex=b&agetype=1&sp2007=2956006572.20480.0000&__utma=93856461.1315756141.1393882203.1393882203.1393882203.1&__utmb=93856461.1.10.1393882203&__utmc=93856461&__utmz=93856461.1393882203.1.1.utmcsr%3Dbing%7Cutmccn%3D%28organic%29%7Cutmcmd%3Dorganic%7Cutmctr%3Darkansas+dept+of+corrections

also charged with "terrorist threats" for threatening a "holy war" on jurors from his trial

http://www.illumemagazine.com/zine/articleDetail.php?Fear-The-Beard-Muslim-Inmate-Allowed-To-Grow-Beard-14499

[mike8634]

15. Violent offender

Mr. Holt committed the offense of Aggravated Residential Burglary-Habitual Offender. He was found guilty by a jury trial and sentenced to life in prison for this. Aggravated Residential Burglary is a Class Y Felony in Arkansas. Class Y Felonies are reserved for the most severe crimes in Arkansas.
According to Arkansas Code Annotated:
A person commits aggravated residential burglary if he or she commits residential burglary as defined in 5-39-201 of a residential occupiable structure occupied by any person, and he or she:

(1) Is armed with a deadly weapon or represents by word or conduct that he or she is armed with a deadly weapon; or

(2) Inflicts or attempts to inflict death or serious physical injury upon another person.

Mr. Holt has a violent history and has previous convictions for Terroristic Threatening and Domestic Battery/Assault broke. The offender broke into his ex-girlfriends trailer at approximately 3:00 AM. He then proceeded into his victims bedroom and sat on the bed. He quietly waited until she awoke. When she awoke Mr. Holt put on a pair of gloves, advised the victim that he warned her he could come into her house at any time and then advised the victim that if he couldn't have her no one could. Mr. Holt then proceeded to remove a knife from his pocket. The victim attempted to flee. However she could not make it out the back door as it was taped up. The back door was taped because Mr. Holt has previously broke the door down during a previous home invasion. As the victim made it to the front door Mr. Holt stabbed the victim in the neck. As she turned around to defend herself she received numerous defensive wounds on her hands. Mr. Holt then stabbed the victim in the chest at which time she collapsed to the ground. The victim begging for her life convinced Mr. Holt that she would not tell anyone what he did and would clean up her blood if he left. Mr. Holt being the reasonable man he is left the residence. The victim then called the police. Holt was captured. While awaiting trial Mr. Holt wrote numerous letters to witnesses, police and jail staff threatening "jihaad" against anyone who testified against him. Holt was found guilty by Trial of Aggravated Residential Burglary and Domestic Battery . As Mr. Holt had a lengthy history of violent felonies he was was eligible for enhanced sentencing under the Arkansas Habitual Offender law. He received 40 years on the battery charge and life on the burglary charge.

I find it unbelievably draconian that you don't believe this man's actions constitute a life sentence. How many years do you think this man should spend behind bars?

[uppityperson]

16. Welcome to DU, thank you for filling us in on more of the details of this jerk.

Did you notice in another post the OP said they were missing parts of the story since the article about his growing a beard didn't give them?

I hope those involved are doing ok, his victim, friends, etc.