State v. Augustine

Summary

The Supreme Court of North Carolina held that double jeopardy barred further review of the judgment resentencing Quintel Martinez Augustine to life imprisonment without parole under the Racial Justice Act. The court also concluded that retroactive application of the Racial Justice Act repeal violated federal and state prohibitions against ex post facto laws. It vacated the trial court’s order and remanded for reinstatement of the life-imprisonment sentence.

Holdings

1. Double jeopardy bars further review of the final judgment sentencing defendant to life imprisonment without parole.
2. Retroactive application of the Racial Justice Act repeal violates the ex post facto prohibitions of both the United States Constitution and the North Carolina Constitution.

Questions Presented

1. Whether double jeopardy bars appellate review of the final judgment resentencing defendant to life imprisonment without parole.
2. Whether retroactive application of the 2013 repeal of the Racial Justice Act violates the ex post facto prohibitions of the United States Constitution and the North Carolina Constitution.

Disposition

vacated