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State v. Green7/30/1998
On review of a substantial constitutional question, pursuant to N.C.G.S. § 7A-30(1), of a unanimous decision of the Court of Appeals, 124 N.C. App. 269, 477 S.E.2d 182 (1996), affirming judgments entered upon defendant's convictions of first-degree sexual offense, attempted first-degree rape, and first-degree burglary by Cashwell, J., on 26 January 1995 in Superior Court, Wake County. Heard in the Supreme Court 11 September 1997.
This appeal presents for determination two separate but interrelated questions: first, whether the procedures by which juvenile court Judges transfer cases to superior court are adequately protective of the due process rights of juveniles; and, if so, whether the sentencing of a thirteen-year-old, after such transfer and conviction, to a mandatory term of life imprisonment for first-degree sexual offense constitutes cruel and unusual punishment.
The defendant, Andre Demetrius Green, was thirteen years old on the date the crimes in this case were committed. On 28 July 1994, defendant was charged in juvenile petitions with first-degree rape and first-degree burglary, and on 9 August 1994, defendant was charged in a juvenile petition with first-degree sexual offense. Upon the State's motion to transfer the charges to superior court, District Court Judge Joyce A. Hamilton held a probable-cause hearing on 18 August 1994 pursuant to N.C.G.S. §§ 7A-608 to -612 and determined that probable cause existed and granted the State's motion for transfer. Defendant filed a notice of appeal and a petition for writ of mandamus to the Court of Appeals. The State submitted a motion to dismiss the appeal as interlocutory. On 24 January 1995, the Court of Appeals dismissed the appeal as interlocutory and denied defendant's petition.
At the probable-cause hearing, a juvenile court psychologist who examined the defendant prior to the hearing testified defendant came from a home where his father was an alcoholic and cocaine abuser who provided no support for the family and had little contact with defendant as a child. Defendant's father also viewed pornographic material in the home, although there was no stated knowledge whether defendant had been exposed to it. Defendant had a history of assaultive behavior during both the past year and throughout his childhood. This was often a reaction to teasing he received about his speech impediment. The psychologist testified defendant had underlying neurological problems that made him more impulsive than other juveniles his age. Defendant admitted to the psychologist that he had a "very bad temper." However, defendant denied to the psychologist having assaulted the victim, notwithstanding being confronted with contradictions in his story.
In her order for transfer, the district court Judge cited the following as reasons for adjudging that the best interests of the juvenile and the State would be served by transfer to superior court:
- serious nature of the offenses; - victim essentially a stranger to the juvenile; - community's need to be aware of & protected from this serious type of criminal activity; - juvenile has a history of assaultive behavior (fights in school) & juvenile acknowledges he had a very bad temper; -strong evidence of probable cause presented based on testimony from victim and juvenile's confession to law enforcement.
Defendant was indicted on 13 September 1994 for all of the offenses alleged in the juvenile petitions. He was tried to a jury at the 24 January 1995 Criminal Session of Superior Court, Wake County, Judge Narley L. Cashwell presiding. The jury found defendant guilty of attempted first-degree rape, first-degree burglary, and first-degree sexual offens
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