Court of Appeals Finds No Constitutional Violations Related to Pre-Raise the Age Prosecution in Criminal Court

Were the constitutional rights of defendants who were prosecuted as adults in criminal court for offenses that they committed at ages 16 or 17, and prior to December 1, 2019, violated because the jurisdictional changes under raise the age were not retroactive? The North Carolina Court of Appeals does not think so. The decision in State v. Garrett, 2021-NCCOA-591, answers this question.

Read more

Resentencing on Eighth Amendment Grounds

Some inmates are serving long sentences for older crimes that would receive a much shorter sentence under today’s law. It is clear at this point that they cannot have today’s law applied to them retroactively, as Jessie discussed in this prior post. That’s true for inmates who received longer sentences under Fair Sentencing, State v. … Read more

Miller v. Alabama

Most people were disappointed that the Supreme Court did not release the health care ruling on Monday. I, on the other hand, was excited to read Miller v. Alabama, a case with important sentencing ramifications for many states, including North Carolina. In Miller, the Court held 5–4 that the Eighth Amendment forbids a sentencing scheme … Read more

Graham v. Florida

The Supreme Court of the United States issued two noteworthy opinions yesterday. In United States v. Comstock (a case that originated out of North Carolina) the Court reversed the Fourth Circuit and upheld the federal government’s power to civilly commit a mentally ill, sexually dangerous federal prisoner beyond the date he would otherwise be released … Read more