State v. Duke

Justice System Reform
DEATH PENALTY  |  ONGOING

Case Summary

Updated 08/30/2024
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SCSJ represents Jeffery Duke, who was sentenced to death in 2003. An evidentiary hearing was held in Gaston County between September 3, 2024, and September 11, 2024, during which lawyers from SCSJ, along with co-counsel, presented evidence to support three separate challenges to Mr. Duke’s conviction and death sentence. Those claims involve the ineffective assistance of Mr. Duke’s trial counsel during the guilt phase of his trial; a Batson violation (i.e., that the prosecution unlawfully removed an eligible Black juror due to his race); and misconduct on the jury during deliberations. Judge Jesse B. Caldwell III, who presided over the evidentiary hearing, has taken the matter under advisement. SCSJ expects a ruling before the end of 2024.

Why it's Important

North Carolina has the fifth largest death row in the United States. SCSJ believes Mr. Duke’s case is a clear example of how flawed the death penalty is and hopes to secure Mr. Duke a new trial through this litigation.

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