Phillip Davis was resentenced from a death sentence to life without the possibility of parole, reducing the number of active inmates on North Carolina’s death row to 148. We previously reported on Phillip’s hearing here.
The final decision was issued last Friday in Buncombe County. Mr. Davis was represented by attorneys from the Center for Death Penalty Litigation. The resentencing was based, in part, on the evolving standards for applying the death penalty, the low IQ of the defendant, and the fact that, as a juvenile, his brain development should have been considered at the time of sentencing. Additionally, the judge determined that the removal of the only qualified African American from the jury contributed to the need for resentencing in this case. The issue of removing African Americans from capital juries was the centerpiece of the, now repealed, Racial Justice Act.
CJPC wants to commend the Buncombe County District Attorney, Todd Williams, for being open minded and progressive as it relates to the administration of the death penalty. We hope that other District Attorneys across the state will follow the example being set in Buncombe County and reconsider the impacts that racial bias in jury selection may have had on death penalty cases.