In State v. Marcus Robinson, the Supreme Court held that our state constitution bars the retroactive repeal of the Racial Justice Act (RJA), which was enacted in 2009 and repealed in 2013. In 2012, at the first hearing under the RJA, Robinson, an inmate on death row, produced evidence of pervasive statewide racial bias in capital sentencing. Judge Weeks found that Robinson’s trial and sentencing were infected with racial bias and, in accordance with the RJA, voided his death sentence and imposed a sentence of life without parole.
While the State’s appeal was pending, the General Assembly repealed the RJA and made the repeal retroactive. The Supreme Court reversed Judge Weeks’s order on procedural grounds, and did not address the retroactivity or double jeopardy issues. The State then moved Robinson back to death row. On remand, Judge Spainhour ruled that the repeal of the RJA barred Robinson from challenging his death sentence. The Supreme Court granted Robinson’s petition for writ of certiorari.
NCAJ submitted an amicus brief in the Supreme Court, arguing that the reimposition of the death penalty after Robinson had proved his entitlement to relief under the RJA violated the state constitutional prohibition on double jeopardy.