SHELBY, N.C. — 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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December 4, 2009 4:20 p.m.
December 3, 2009 6:51 p.m.
December 3, 2009 6:02 p.m.
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...
December 3, 2009 4:22 p.m.
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.
December 3, 2009 4:15 p.m.