DEATH PENALTY OVERTURNED: North Carolina's Racial Justice Act

North Carolina's "Racial Justice Act of 2009" has been used successfully to overturn a death penalty sentence.

On Friday, April 20th, 2012, a Cumberland County, North Carolina judge, the Honorable Gregory A. Weeks, issued a landmark ruling that overturned inmate Marcus Reymond Robinson's death sentence after deciding that Robinson's race (African-American) played a "significant factor" in his trial's jury-selection process.

The ruling could set a precedent for what happens with North Carolina's 156 other condemned (death penalty) prisoners, almost all of whom have challenged their sentences on racial-bias grounds --- including approximately 60 who are white.

The decision marked the first test of a state law requiring a judge to change a capital sentence to life without parole if race is determined to have been a "significant factor" in a death sentence.

The Racial Justice Act was signed into law in 2009 by a Democratic legislature and governor, over strong Republican objection. The law came about after the convictions of several black men, all of whom ended up on death row, were overturned after errors in their cases were brought to light.

Friday's decision came in the case of Marcus Reymond Robinson, who was convicted in 1994 of murdering a white 17-year-old during a robbery. The Judge was tasked with determining whether race played an improper role in jury selection at Mr. Robinson's trial 18 years ago.

The judge, who has 23 years on the bench, vacated Mr. Robinson's death sentence and resentenced him to life in prison without parole.

The state indicated it would appeal the decision.

During a hearing in February, attorneys for Mr. Robinson cited a study by researchers at Michigan State University to show that North Carolina prosecutors struck prospective black jurors from juries far more frequently than white jurors. As he announced his decision Friday, Judge Weeks said the Michigan State study was a "valid, highly reliable study."

The state had argued that the study was flawed, and offered affidavits from prosecutors stating that their dismissals of prospective black jurors could be otherwise explained.

The judge wasn't persuaded, though, saying that "the state has failed to rebut the evidence presented."

Legal experts said the case was likely to have an impact across the country. "This puts prosecutors on notice that they will be held accountable if they strike a juror based on race," said Thaddeus Hoffmeister, a University of Dayton associate professor who studies juries.

Lawyers for Mr. Robinson said after the ruling that they wouldn't be surprised if other states enact similar bias laws.

"If North Carolina can do it, there is no reason other places can't do it," said Tye Hunter, a member of Mr. Robinson's legal team who is the executive director of the Center for Death Penalty Litigation.
The only other state that currently has a similar law is Kentucky, but defense lawyers there haven't used it much because they must show strong evidence of discrimination in an individual case and are barred from basing claims solely on statistics.

The Judge, who took about two months to announce his decision, said in court Friday that North Carolina "prosecutors intentionally discriminated" against potential black jurors during jury selection historically and in the Robinson case.

[http://online.wsj.com/article/SB10001424052702304331204577355791150009980.html]