Monday, April 14, 2014

NC Supreme Court Criminal Decisions, April 11, 2014

State v. Barnes. Per curiam affirmed, Wayne County, Christopher Barnes. (unpublished COA decision, no legal affect).

State v. Stokes.  Appeal of unanimous unpublished decision of COA vacating conviction for kidnapping.

COA erred in failing to determine, when vacating kidnapping for insufficient evidence, if there was sufficient evidence for a lesser included offense. If so, they should remand on judgment for that offense. Because there was sufficient evidence of attempted 2d kidnapping, reverse for entry of judgment and resentencing on lesser included of attempted 2d kidnapping.

Friday, April 11, 2014

Supreme Court to hear Racial Justice Act Cases Monday

On Monday, April 14, 2014 at 9:30 a.m., the N.C. Supreme Court will hear the cases of four defendants — Marcus Robinson, Tilmon Golphin, Quintel Augustine and Christina Walters — who were removed from death row in 2012 under the N.C. Racial Justice Act. Later this year, the justices will decide whether to uphold the N.C. Superior Court’s decision to resentence the four inmates to life imprisonment without the possibility of parole because of pervasive racial bias in their trials. The state appealed the decision, despite being unable to rebut the compelling evidence presented by the defendants in their 2012 hearing.
The case so far

Robinson, Golphin, Augustine and Walters were the first of North Carolina’s approximately 150 death row inmates to have their cases heard under the Racial Justice Act, a groundbreaking law intended to root out racial discrimination in capital cases. All four defendants proved that racial bias infected their trials and that African-Americans are systematically denied the right to serve on capital juries.

During their 2012 hearings, the defendants presented evidence that prosecutors in Cumberland County, where they were tried, took racially charged notes during the jury selection process (noting, for example, that one juror was a “black wino”). Cumberland prosecutors also participated in a training seminar, sponsored by the N.C. Conference of District Attorneys, where prosecutors from across North Carolina were taught ways to get around the law barring them from striking jurors based on race. After listening to weeks of testimony and sorting through documents and statistics that spanned decades, Superior Court Judge Gregory Weeks said he found “a wealth of evidence showing the persistent, pervasive, and distorting role of race in jury selection throughout North Carolina.”

The Racial Justice Act was enacted in 2009, on the heels of the exonerations of three black men on North Carolina’s death row. The law allowed inmates who prove that racial bias contributed to their death sentences to be resentenced to life imprisonment without the possibility of parole. Most of North Carolina’s death row inmates filed claims under the law, after a study from Michigan State University found that qualified black jurors in North Carolina were more than twice as likely as whites to be removed from juries by prosecutors, with the use of peremptory strikes. The Michigan State researchers reviewed 173 capital trials in North Carolina between 1990 and 2010.

Despite the compelling evidence of racial bias presented by Robinson, Golphin, Augustine and Walters — the only four defendants to have their cases heard under the law — state legislators repealed the Racial Justice Act in 2013. However, the claims made under the law are still pending, and the courts will decide whether those cases go forward. Next week’s hearings are expected to address only the four defendants whose cases have been appealed.

Friday, April 4, 2014

Jonathan Richardson Sentenced to Death

Yesterday, a jury sentenced Jonathan Richardson to death in Johnston County. The case was covered extensively in media outlets.