N.C. high court upholds ruling on life sentences

A 1974 law defines a life term as 80 years; 120 cases could be affected

By: JournalNow Staff | THE ASSOCIATED PRESS
Published: October 10, 2009

RALEIGH

North Carolina's Supreme Court left open a path to freedom yesterday for dozens of inmates given life sentences in the 70s, with justices dismissing the state's arguments even though officials worried that hardened criminals may return to the streets.

Bobby Bowden, a North Carolina inmate convicted of two killings, had argued that a law adopted in 1974 clearly defined life sentences as just 80 years. Bowden believes that statute, combined with good- conduct credits that inmates now accrue, means that his life sentence for the Cumberland County killings is complete.

The state Attorney General's Office petitioned the Supreme Court for a hearing after the court of appeals sided with Bowden. An attorney for the state argued before the high court last month, saying that the law was ambiguous and that it likely applied only for purposes of parole eligibility. An attorney for Bowden called that argument "legal gymnastics."

The statute, which was in place for several years in the 1970s, says: "A sentence of life imprisonment shall be considered as a sentence of imprisonment for a term of 80 years in the state's prison."

Justices, expressing clear skepticism, had repeatedly asked the state's attorneys last month how that language could be considered ambiguous.

Corrections officials worry that the case could affect some 120 inmates who were sentenced when the law was in place. Bowden has been denied parole every year since 1987.

Justices gave no explanation for their decision Friday, simply saying in a one-page statement that they unanimously agreed to allow the court of appeals' decision to stand. Attorneys for the state and for Bowden did not immediately respond to messages seeking comment.

Bowden was convicted in 1975 and initially sentenced to death. The Supreme Court later took him off death row, sending the case back for Bowden to get concurrent life sentences.

Friday's decision returns Bowden's case to a Cumberland County court, which will determine how many sentence-reduction credits Bowden can receive and how those credits are applied.