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Published: 2009-12-03 09:03:00
Updated: 2009-12-03 15:02:30

Attorneys go to court over N.C. 'life' sentences


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Attorneys were set to argue in a state court why they think a man given a life sentence more than three decades ago should not qualify for good behavior credits that could set him free early.

The case of Wilbur William Folston was scheduled for a hearing Thursday in Shelby.

Folston, convicted in 1976 of first-degree murder, is one of 29 inmates that North Carolina officials prepared for release this fall after state courts agreed that their "life" sentences were only 80 years because of a quirky law that was in place in the 1970s.

Gov. Bev Perdue later blocked the release of the inmates and argued that they should never have received good behavior credits that cut sentences in half. Defense attorneys contend that the state is trying to change the rules.


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I've said it before and I'm going to say it again. Life sentence is just that...LIFE! You get out of prison when you die. It isn't rocket science people!

Who did Folston murder, and for what reason? If released, he can come into my "neighborhood". I can take it from there.

bbfan - no fan of Huckabee here but I do think your statement about the shooter in WA state is grossly incorrect. Huckabee, as Gov. of Arkansas, commuted a sentence given to a 16 yo for UNarmed robbery of 100+ years to 46 years. This was AFTER the convict served 11 years in state prison. Huckabee had no role in his release (only the parole board can do that in Arkansas). FTR - at that time the convict did not demonstrate the increasingly erractic & violent behavior that he was clearly showing in the months before the murder of those 4 LEOs. In fact, he had assaulted an LEO & was charged with that assault & sexual assault of a 12 yo in the months before the LEOs murder. Still, he was given a low bail without any psychiatric evaluation - Jesus? that u? Cut loose to do what he did. If you want to play "pin the blame" I suggest the following: 1. get your facts correct before playing; 2. evaluate the situation clearly. Might be your 16 yo getting a way out of proportion sentence next time.

To soldier and public safety

Our legislature didn't pass an "life means 80 yr" law. It's based on case law, which was made by a judge. Case law can be overturned, it happens often. Sometimes it helps the criminals (Arizona vs Miranda, Arizona vs Gant) and sometimes it helps LEOs (Graham vs Connor). So it seems like the criminal justice system is working to solve a problem that they created a long time ago, when people weren't living as long bc of the lack of medical technology that we now have today, and are required by...wait for it...CASE LAW to give to inmates. These guys were convicted of a crime, sentenced to life, and now the State is trying to make sure they get it. Kudos to the State...just my $0.02...and PS, I am a soldier currently serving in Iraq and also a LEO for a good sized city in NC...

"Ok, when they were sentenced they got life, and that was 80 years at the time, but there were no good behavior credits. Now, life is forever, but there's good behavior credits. So, these inmates want to chose the definition of "life" from 1975 and the credit for good behavior from 1990. They should either get one set of rules or the other, not pick and choose."

Excellent point.

And yes - another reason to support the death penalty. The longer these murderers live, the more lawyers pick up their cases for headlines. People only seem to remember the last man standing... not the victims.

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