North Carolina murderers hope to use old version of Racial Justice Act
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July 26, 2012
North Carolina: Three convicted murderers are hoping that the new North Carolina Racial Justice Act won't apply to their claims hearings. The 2009 law was revised this month to make it harder for the condemned to get off death row on the basis of racism. The 2009 law allowed condemned prisoners to use statistical data to prove racism in their sentencing.
The stricter 2012 law could affect over 150 death row inmates in the state. The law will be tested in Cumberland County on the cases of three murderers this fall, that of Christina S. "Queen" Walters, Tilmon Golphin and Quintel Augustine. They are hoping judges will use the 2009 law, since their claims were filed prior to the passage of the revision. Retired Forsyth County District Attorney Tom Keith explained that the decision will most likely depend on whether or not the 2009 law gave defendants a substantive, constitutionally protected right that they would lose without it.
Keith thinks the new law should apply because it doesn't deny substantive rights. Defense lawyer Malcolm "Tye" Hunter argued, "You can change the law, but you can't ... pull the rug out from under people who are in the middle of litigating under that law."[1]
Footnotes
Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina • U.S. Bankruptcy Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina
State courts:
Supreme Court of North Carolina • North Carolina Court of Appeals • North Carolina Superior Courts • North Carolina District Courts
State resources:
Courts in North Carolina • North Carolina judicial elections • Judicial selection in North Carolina
