State v. Francisco Edgar Tirado
Held that North Carolina’s “cruel or unusual” punishment clause — construed consistently with a separate state constitutional provision specifying the types of punishment laws may impose, without limitations based on age — would provide less protection against life-without-parole sentences for juveniles than the Eighth Amendment, so must be interpreted in lockstep with the federal “cruel and unusual” punishment clause.
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The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”