An Update on Twenty-Five Year Reviews of Life Sentences

Under G.S. 15A-1380.5, a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed between October 1, 1994, and November 30, 1998, are entitled to a judicial review of their sentence after 25 years of imprisonment. I’ve written about it on the blog twice before, here and here, and those posts cover the statutory framework and background. Now that the review window has opened for most, if not all, of the affected inmates—and with many now undergoing their second and subsequent reviews—we’re beginning to see appellate case law that both clarifies and raises questions about how the process is meant to work. In State v. Walker, ___ N.C. App. ___ (2025), the defendant was sentenced to life without parole in 1999 for a murder that happened on November 14, 1998 (about two weeks before G.S. 15A-1380.5 was repealed). In September 2023, the defendant requested his 25-year review. In February 2024—after the defendant’s eligibility window opened—a superior court judge made a recommendation against alteration or commutation. The defendant raised three arguments on appeal. First, that the reviewing judge erred by making a recommendation without making findings of fact. Second, that the judge failed to consider the trial record. And third, that the judge erred by not conducting a hearing as part of his review. As to the first argument, the court concluded that G.S. 15A-1380.5 requires only a recommendation, not an order with findings or conclusions of law. Regarding the second, the [...]