Under G.S. 15A-1380.5, a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed between October 1, 1994, and November 30, 1998, are entitled to a judicial review of their sentence after 25 years of imprisonment. I’ve written about it on the blog twice before, here and here, and those posts cover the statutory framework and background. Now that the review window has opened for most, if not all, of the affected inmates—and with many now undergoing their second and subsequent reviews—we’re beginning to see appellate case law that both clarifies and raises questions about how the process is meant to work.
life without parole
Case Summary: Jones v. Mississippi
In Miller v. Alabama, 567 U.S. 460 (2012), the Supreme Court held that a person who commits a homicide when he or she is under 18 may not be mandatorily sentenced to life without parole; the sentencing judge must have discretion to impose a lesser punishment. In Montgomery v. Louisiana, 577 U.S. 190 (2016), the Court held that Miller applies retroactively. When Montgomery was decided, I wondered (here) whether it did more than merely address Miller’s retroactive application. Language in the case indicated that a sentence of life without parole would be constitutionally permissible for only the most the most troubling young defendants—“those whose crimes reflect permanent incorrigibility.” Id. at 209. In Jones v. Mississippi, 593 U.S. ___ (2021), decided last week, the Court made clear that the Constitution does not require a sentencer to make a separate factual finding of permanent incorrigibility before sentencing a defendant to life without parole.
Twenty-Five Year Reviews of Life Without Parole Sentences Are Underway
Under a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed during that window are entitled to a judicial review after 25 years of imprisonment. I wrote about it here a few years ago, noting that the window for reviews would open in late 2019. Here we are.
Twenty-Five Year Review of Sentences to Life Without Parole
I have started to get questions about G.S. 15A-1380.5, a repealed statute that used to provide for judicial review of sentences to life without parole after 25 years of imprisonment. It’s too early for a court to be applying the law just yet—the first reviews shouldn’t happen until 2019—but we’re getting close, and people are talking about it. Today’s post describes the law.
Miller v. Alabama Applies Retroactively (and Then Some?)
The Supreme Court held Monday that the rule from Miller v. Alabama, 567 U.S. __ (2012), applies retroactively. In Miller, the Court held that a sentencing regime that makes life without parole mandatory for a murder committed by a defendant under the age of 18 is cruel and unusual punishment. In Montgomery v. Louisiana, 577 U.S. __ (2016), the Court said that rule likewise applies to defendants whose cases were final before Miller was decided on June 25, 2012.
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
Juvenile LWOP and the Supreme Court
I was thinking about making today’s post a news roundup, since there’s been so much interesting criminal law news recently, including a rumor suggesting that Justice Patricia Timmons-Goodson could be under consideration to replace Justice David Souter on the United States Supreme Court. (More information about that here.) But those plans were blown out of … Read more