Skip to main content

State v. James

Citations

  • 813 S.E.2d 195
  • 371 N.C. 77

Syllabus

Following defendant's conviction for committing first-degree murder when he was a juvenile, defendant was mandatorily sentenced to life imprisonment without parole after U.S. Supreme Court held in Miller v. Alabama that sentences such as defendant's are unconstitutional, the trial court held a resentencing hearing and imposed another sentence of life without parole whether the resentencing statutes enacted in response to Miller (N.C.G.S. 15A-1340.19A to -1340.19D) are unconstitutional.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that courts may not delete or insert words not used in the statute
  • upholding the legislature’s statutory response to the precedents of the Supreme Court regarding a juvenile defendant who was sentenced to life without parole for first-degree murder
  • upholding the legislature’s statutory response to the precedents of the Supreme Court regarding a juvenile defendant who was sentenced to life without parole for first-degree murder
  • upholding the legislature’s statutory response to the precedents of the Supreme Court regarding a juvenile defendant who was sentenced to life without parole for first-degree murder
  • “Miller and its progeny indicate that life without parole sentences for juveniles should be exceedingly rare and reserved for specifically described individuals[.]”
  • “Miller and its progeny indicate that life without parole sentences for juveniles should be exceedingly rare and reserved for specifically described individuals[.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ervin, Beasley

Read full opinion on CourtListener

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.