Petition for Writ of Certiorari — Kevin Salvador Golphin, Petitioner v. North Carolina

Supreme Court briefAug 15, 2025

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No. 25IN THE

Supreme Court of the United States

___________

KEVIN SALVADOR GOLPHIN,

v.

STATE OF NORTH CAROLINA,

___________

Petitioner,

Respondent.

On Petition for a Writ of Certiorari

to the Supreme Court of North Carolina

___________

PETITION FOR A WRIT OF CERTIORARI

___________

August 15, 2025

EAMON P. JOYCE*

CHRISTINA PRUSAK CHIANESE

BRIANNA O. GALLO

BRIAN C. EARL

SIDLEY AUSTIN LLP

787 Seventh Avenue

New York, NY 10019

(212) 839-5300

ejoyce@sidley.com

Counsel for Petitioner

* Counsel of Record

i

QUESTION PRESENTED

Whether North Carolina, in conflict with this Court’s

precedents and those of other states, has violated the

Eighth Amendment by creating a de facto mandatory

life-without-parole sentencing regime for juvenile

offenders by invariably considering the facts of the

juvenile’s crime to be dispositive.

ii

PARTIES TO THE PROCEEDING

All parties to the proceeding are listed in the caption.

The petitioner is not a corporation.

iii

STATEMENT OF RELATED CASES

This case arises from the following proceedings in

the North Carolina Superior Court, Cumberland

County, the North Carolina Court of Appeals, and the

North Carolina Supreme Court:

State v. Golphin,

No. 97CRS47312 (Super. Ct. Cumberland Cnty. Apr.

13, 2022);

State v. Golphin,

No. COA22-713 (N.C. Ct. App. Feb. 6, 2024),

petition for reh’g en banc denied (Mar. 12, 2024); and

State v. Golphin,

No. 441A98-5 (N.C. Mar. 19, 2025).

iv

TABLE OF CONTENTS

Page

QUESTION PRESENTED ..................................

i

PARTIES TO THE PROCEEDING ....................

ii

STATEMENT OF RELATED CASES ................

iii

TABLE OF AUTHORITIES ................................

vi

PETITION FOR A WRIT OF CERTIORARI ......

1

OPINION AND ORDERS BELOW .....................

1

STATEMENT OF JURISDICTION ....................

1

CONSTITUTIONAL

AND

STATUTORY

PROVISIONS INVOLVED ..............................

1

INTRODUCTION ................................................

2

STATEMENT OF THE CASE.............................

4

A. Factual Background.................................

5

B. Proceedings Below ...................................

12

REASONS FOR GRANTING THE PETITION ..

16

I. NORTH

CAROLINA’S

DE

FACTO

MANDATORY SENTENCING REGIME

CONFLICTS WITH THIS COURT’S

EIGHTH

AMENDMENT

JURISPRUDENCE AND ITS APPLICATION BY

LOWER COURTS ........................................

16

A. North Carolina Now Allows The

Circumstances of A Juvenile’s Crime to

Dictate LWOP Sentencing .......................

18

B. Other Courts Have Properly Applied this

Court’s

Eighth

Amendment

Jurisprudence to Hold That Juveniles

May Not Be Sentenced Solely Based On

Their Crime ..............................................

24

v

II. THE IMPORTANCE OF JUVENILE

SENTENCING HEIGHTENS THE NEED

FOR REVIEW...............................................

28

CONCLUSION.....................................................

30

APPENDICES

APPENDIX A: Opinion, State v. Golphin, 898

S.E.2d 37 (N.C. Ct. App. Feb. 6., 2024)............

1a

APPENDIX B: Order, State v. Golphin, No.

97CRS47312, 2022 WL 22905357 (Super. Ct.

Cumberland Cnty. Apr. 13, 2022) .................... 31a

APPENDIX C: Order Denying Reh’g En Banc,

State v. Golphin, No. 22-713 (N.C. Ct. App.

Mar. 12, 2024) ................................................... 38a

APPENDIX D: Order Denying Discretionary

Review, State v. Golphin, 912 S.E.2d 838 (N.C.

Mar. 19, 2025) (Mem.) ...................................... 40a

vi

TABLE OF AUTHORITIES

CASES

Page

Batson v. Kentucky, 476 U.S. 79 (1986).......

27

Bd. of Cnty. Comm’rs v. Umbehr, 518 U.S.

668 (1996) ..................................................

27

Commonwealth v. Schroat, 272 A.3d 523

(Pa. Super. Ct. 2022) .................................

26

Commonwealth v. Stewart, No. 139 MDA

2023, 2024 WL 3673509 (Pa. Super. Ct.

Aug. 6, 2024).............................................. 25, 26

Graham v. Florida, 560 U.S. 48 (2010) .......

17

Jones v. Mississippi, 593 U.S. 98

(2021) ....................................................

3, 18

Kitchen v. Whitmer, 486 F. Supp. 3d 1114

(E.D. Mich. 2020) ......................................

26

Miller v. Alabama, 567 U.S. 460

(2012) ....................................2, 10, 16, 17, 28, 29

Montgomery v. Louisiana, 577 U.S. 190

(2016) .................................................. 12, 18, 23

People v. Hyatt, 891 N.W.2d 549 (Mich. Ct.

App. 2016), aff’d in part, rev’d in part on

other grounds sub nom. People v. Skinner,

917 N.W.2d 292 (Mich. 2018) ................... 26, 27

Roper v. Simmons, 543 U.S. 551

(2005) ................................................ 2, 16, 17, 28

Sparks v. United States, No. W-11-CV-123,

2018 WL 1415775 (W.D. Tex. Mar. 19,

2018), aff’d, 941 F.3d 748 (5th Cir. 2019)

26

State v. Borlase, 912 S.E.2d 795 (N.C.

2025) .................................. 15, 19, 20, 21, 22, 24

State v. Davila, 462 P.3d 748 (Or. Ct. App.

2020) ..........................................................

26

vii

TABLE OF AUTORITIES – Continued

Page

State v. Kelliher, 873 S.E.2d 366 (N.C.

2022) ..................................................... 15, 19, 20

State v. Lovette, 763 S.E.2d 392 (N.C. 2014)

(Mem.), aff’g 758 S.E.2d 399 (N.C. Ct.

App. 2014)..................................................

24

State v. McCord, 912 S.E.2d 828 (N.C.

2025) ..........................................................

24

State v. Mullins, No. 20200149, 2025 WL

796220 (Utah Mar. 13, 2025) ....................

27

State v. Riley, 110 A.3d 1205 (Conn. 2015) .

26

State v. Sims, 912 S.E.2d 767 (N.C.

2025) .........................3, 15, 16, 19, 20, 21, 23, 24

State v. Tirado, 911 S.E.2d 51 (N.C.

2025) ................................................... 15, 20, 24

CONSTITUTION AND STATUTES

U.S. Const. amend. VIII ...............................

28 U.S.C. § 1257(a) .......................................

N.C. Gen. Stat. § 15A-1340.19B(c) ..............

1

1

18

SCHOLARLY AUTHORITIES

Ben Finholt et al., Juvenile Life Without

Parole in North Carolina, 110 J. Crim. L.

& Criminology 141 (2020) .........................

24

OTHER AUTHORITIES

The Campaign for the Fair Sentencing of

Youth, Juvenile Life Without Parole:

Unusual & Unequal, (Apr. 2024),

https://cfsy.org/wpcontent/uploads/JLWOP-UnusualUnequal-April-2024.pdf ............................

2

PETITION FOR A WRIT OF CERTIORARI

Petitioner Kevin Salvador Golphin respectfully

seeks a writ of certiorari to review the judgment of the

Supreme Court of North Carolina.

OPINIONS AND ORDERS BELOW

The order of the North Carolina Supreme Court

denying the petition for discretionary review is

published at State v. Golphin, 912 S.E.2d 838 (N.C.

2025) (Mem.) and appears in the Appendix of this

Petition (“Pet. App.”) at 40a. The North Carolina Court

of Appeals’ opinion is reported at State v. Golphin, 898

S.E.2d 37 (N.C. Ct. App. 2024) and appears at

Pet. App. 1a. The North Carolina Court of Appeals’

order denying rehearing en banc is unpublished and

appears at Pet. App. 38a. The North Carolina Superior

Court’s decision resentencing petitioner to two

sentences of life without the possibility of parole is

unpublished and appears at Pet. App. 31a.

STATEMENT OF JURISDICTION

The North Carolina Supreme Court denied Mr.

Golphin’s petition for discretionary review on March

19, 2025. Chief Justice Roberts extended the time to

file this Petition to August 16, 2025. This Court has

jurisdiction to review the decision of the North

Carolina Supreme Court under 28 U.S.C. § 1257(a).

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

The Eighth Amendment to the U.S. Constitution

states: “Excessive bail shall not be required, nor

excessive fines imposed, nor cruel and unusual

punishments inflicted.” U.S. Const. amend. VIII.

2

INTRODUCTION

North Carolina has gone rogue in imposing

sentences of life without parole on juvenile offenders

and failing to heed this Court’s Eighth Amendment

holdings, thus putting it significantly out of step with

state courts around the country.

Over the last two decades, scientific consensus and

constitutional consensus have converged—children

are different from adults, and especially so when it

comes to their moral culpability for even the most

heinous crimes. Crediting modern neuroscience, this

Court has repeatedly recognized that adolescents lack

the maturity and capacities of adults, are more

impetuous and reckless, are more easily influenced by

peers and environmental factors, and have an

immense capacity for change and reform. Miller v.

Alabama, 567 U.S. 460, 471, 476 (2012); Roper v.

Simmons, 543 U.S. 551, 569–70 (2005). These insights

led this Court to restrict the punishments available for

juvenile offenders in a number of contexts, holding in

Miller that mandatory sentences of life imprisonment

without the possibility of parole (“LWOP”) for juvenile

offenders are unconstitutional under the Eighth

Amendment’s prohibition against cruel and unusual

punishment. 567 U.S. at 489.

In the thirteen years since Miller, twenty-eight

states and the District of Columbia have banned

juvenile LWOP, while five additional states currently

have no juveniles serving such a sentence.1 Many more

states have rigorously applied Miller and its progeny,

ensuring that—consistent with this Court’s decisions

1 The Campaign for the Fair Sentencing of Youth, Juvenile Life

Without Parole: Unusual & Unequal, at 5 (Apr. 2024),

https://cfsy.org/wp-content/uploads/JLWOP-Unusual-UnequalApril-2024.pdf.

3

affording juveniles significant protections under the

Eighth Amendment—life without parole is imposed on

only the rarest of juvenile offenders and only after

“considering an offender’s youth and attendant

characteristics . . . as a mitigating factor.” Jones v.

Mississippi, 593 U.S. 98, 106, 108–09 (2021).

North Carolina now has done the opposite. The

decision under review is one of a series of rulings that

have allowed a de facto mandatory sentencing scheme

to take hold. In North Carolina, appellate courts hold

that the fact that a juvenile offender committed

homicide—a fact, of course, inherent to even eligibility

for a life-without-parole sentence—is conclusive and

requires LWOP. As a justice on the North Carolina

Supreme Court recently summarized, that court has

“signal[ed] a shift in the Miller sentencing hearing

inquiry away from the circumstances of the offender

and his offense in favor of his offense only.” State v.

Sims, 912 S.E.2d 767, 786–87 (N.C. 2025) (Earls, J.,

concurring) (second emphasis added). Through these

decisions, North Carolina has effectively reinstated

the type of mandatory sentencing scheme that Miller

held is unconstitutional, failed to heed Miller and

Jones’s requirements that any sentencing scheme be

discretionary such that juvenile LWOP is imposed

“relatively rarely,” and established itself as an

extreme outlier among states with respect to Eighth

Amendment jurisprudence involving minors.

Mr. Golphin’s case is a prime example of the North

Carolina courts’ miscarriage of this Court’s edicts in

Miller and related cases. The court’s decision

resentencing Mr. Golphin to life without parole hinged

on the court’s determination that Mr. Golphin (like all

juvenile homicide offenders) committed a heinous

crime as a child. Viewing the crime alone as

dispositive, the court gave no meaningful

4

consideration to the uncontroverted evidence that, at

the time of the offense, Mr. Golphin was a traumatized

and impulsive child suffering from significant,

untreated mental and behavioral disorders linked to

physical and mental abuse at the hands of his parents,

or that, as the State and the resentencing court

conceded, Mr. Golphin has developed into a “more

stable,” thoughtful, “matured” adult and a “bright

young man” who has grown and rehabilitated himself

during his nearly thirty years in prison.

This issue is important and recurring. In 2025 alone,

the North Carolina Supreme Court approved juvenile

life without parole, or allowed such sentences to stand

by denying review, in all five cases involving such a

sentence that came before it, including Mr. Golphin’s.

North Carolina’s evisceration of the constitutional

protections owed to juvenile offenders warrants this

Court’s intervention.

STATEMENT OF THE CASE

This Petition arises from the 2022 resentencing of

Mr. Golphin to life without parole for a juvenile offense

from 1997. By the time of his resentencing as a 42year-old, Mr. Golphin had gone without a disciplinary

offense in prison for eight years, emerged from a

decade-plus stay in solitary confinement with a

commitment to educate himself and serve society, had

completed all the behavioral and anger management

coursework offered by the North Carolina prisons,

transformed himself from barely literate to an avid

reader with a GED, and was deeply remorseful about

the crimes he committed during a fast-moving,

physical traffic stop decades earlier as an emotionally

impaired teenager.

5

A. Factual Background

1. Kevin Golphin was born in 1979 into a vicious

cycle of horrific abuse that had started in utero. His

father “severely abused” Mr. Golphin’s mother, Sylvia,

during her pregnancy, T 211:9–19; E18–E20; E68;

E104. 2 After Kevin’s birth, his father abused him as a

baby and young toddler using belts and burning

cigarettes to discipline ordinary child behavior like

bed-wetting. E1; E18–E19. Sylvia and her children

eventually fled from Mr. Golphin’s father, but the cycle

of abuse continued. E1; E19–E20; E105. Sylvia became

Mr. Golphin’s tormentor, forcing him and his brother,

Tilmon, to strip their clothes as she used her fists,

shoes, belts, switches, and extension cords to beat

their naked bodies. E3; E436–E441; E466; T 213:21–

214:2. When Mr. Golphin was just nine years old, he

reported that Sylvia “was tying [him] to [a] bed [and]

beating [him],” E536, and that he “experienced

beatings ‘with clothes off . . . in private parts,’” E466.

Sylvia also became involved in abusive relationships

with men who beat her in front of her children,

encouraged her to beat her sons, and abused her

children themselves. E4–E5; E20; E471; T 212:9–

213:16.

When Kevin was eleven years old, Sylvia was

convicted of child abuse. E441–E442; T 214:16–215:8.

Child Protective Services found that Sylvia had

whipped then-eleven-year-old Tilmon with an

2 The record citations here follow the conventions of the North

Carolina appellate courts and the filings below. Evidence

admitted in the resentencing court was included in the Record on

Appeal in the North Carolina Supreme Court and cited as “E__.”

The Record on Appeal in the North Carolina Supreme Court also

includes the transcript from Mr. Golphin’s 1998 trial, which is

cited as “TT ___,” and the transcript from the 2022 resentencing

hearing, which is cited as “T __.”

6

electrical cord while naked to punish him for biking too

far from home. E438–E439. The beating broke skin

and caused multiple inches-long welts. E437–E438;

T 215:16–216:10. Child Protective Services also noted

that Sylvia had “almost choked [Tilmon] to death”

during a prior incident. E438.

Child Protective Services documented that Kevin

suffered similar, or potentially more extreme, abuse

and was “beaten more frequently” than Tilmon. E437;

E106; E68. However, the state authorities allowed

both children to remain under their mother’s care.

E441–E442; T 214:16–215:8.

Mr. Golphin’s childhood was also marred by

emotional abuse and neglect, instability, and a lack of

basic necessities such as shelter, electricity, and food.

E3–E6; E19; T 214:2–7, 231:6–18. By age eight,

Mr. Golphin had been identified as “learning disabled”

and “seriously emotionally disturbed,” and at age nine,

he was diagnosed with Oppositional Defiant Disorder,

Attention Deficit Hyperactivity Disorder, depression,

and “low self-esteem.” E677–E678; E464–E468.

Although Mr. Golphin’s schools prescribed

interventions and offered support to address his

learning

and

behavioral

challenges,

Sylvia

stonewalled the schools’ efforts. She denied Kevin the

resources he desperately needed by refusing to sign

forms, return phone calls or attend meetings necessary

to implement a support program for him. In one

instance, after Sylvia repeatedly missed scheduled

meetings, a social worker summarized to a special

education coordinator, “We are dealing with an

abnormal situation in Mrs. Golphin. I suggest we stop

WASTING TIME and take this case to mediation so

that Kevin can get services.” E743. When school

systems and social workers took steps to override her

refusals to consent to the necessary supports for her

7

son, she moved him to a new location and school

district. E3–E4; E20–E21; E105; T 229:21–231:5;

E536; E743–E748; E752.

2. This abuse and neglect gravely impacted

Mr. Golphin’s mental and emotional health. At just

nine years old, he had suicidal ideations and homicidal

ideations directed at his mother, which resulted in his

hospitalization and months of in-patient psychological

treatment. E461.

Due to his consistent behavioral and emotional

issues, Mr. Golphin was admitted to a residential care

facility for troubled youth where he lived weekdays

from ages 10 to 12. E664. During that time, Kevin

thrived in the structured environment free from his

mother’s abuse, receiving positive reports for behavior

and academics. E114; E602; E607; E462; E739;

T 251:22–252:12, 306:10–307:24. He did so well that

he was discharged to return home, with directions for

his mother to obtain significant outpatient care for

him. E601; E608; E463; E469.

Again, however, Sylvia refused to allow her son to

get that care. Following his discharge, Kevin received

no outpatient treatment, despite his doctors’ clear,

detailed orders as to the extensive supports that would

be essential for his continued wellbeing. E463; E469;

E960; T 235:13–25, 255:18–256:7, 308:5–11; see also

E112–E114; T 161:24–163:3, 254:5–256:7, 260:3–

261:22, 307:25–308:11. Instead, Mr. Golphin returned

to the same chaotic, abusive, and horrific homelife.

Kevin instantly went from the extensive supports in a

warm and nurturing environment that his residential

care facility provided to nothing. Unsurprisingly,

without any outpatient care or emotional supports,

Mr. Golphin’s struggles and behavioral difficulties at

home and at school resumed and then intensified. See,

8

e.g., E68; T 154:14–24, 223:1–9. Mr. Golphin dropped

out of school at age 15. E69; E427.

3. On September 23, 1997, Mr. Golphin was a 17year-old traumatized and impulsive child suffering

from significant mental and behavioral disorders that

left him unable to “reason or think straight” under

stress due to his untreated conditions. T 210:8–20,

154:14–24,

156:19.

A

pediatric

psychologist

subsequently opined that Mr. Golphin had the

emotional and behavioral maturity of a much younger

boy at the time of the offense. T 167:3–7. While in that

already-fragile condition, Mr. Golphin was involved in

a traffic stop related to a failure to wear a seatbelt that

quickly escalated and led to Mr. Golphin committing

the crimes from which this Petition arises.

Earlier that day, Mr. Golphin and Tilmon entered a

South Carolina financial lending facility armed with a

rifle stolen from their grandfather with a looselyformed, absurd idea to steal a car, return to their

hometown of Richmond, Virginia, rob a grocery store,

travel to Florida, and then try to leave the country.

T 30:7–32:1, 345:8–19. They never intended to harm

anyone. T 326:22–327:3. After obtaining the keys for a

car from one of the lending facility employees at

gunpoint, the brothers proceeded north on Interstate95 in the stolen vehicle. T 30:7–32:1. Near

Fayetteville, North Carolina, State Trooper Edward

Lowry pulled over Mr. Golphin and Tilmon for a

routine seatbelt violation. TT 2356:1–21.

Mr. Golphin was removed from the car, patted down,

and placed unrestrained in the front seat of the patrol

car while Trooper Lowry wrote a ticket. TT 2356:22–

2358:7; T 337:25–338:2. In short order, however, the

ordinary traffic stop escalated dramatically. After

learning by radio that the car was stolen, Lowry

requested back-up, T 32:18–20, ordered Kevin from

9

the car at gunpoint, T 328:16–17, and slammed his

head against the hood of the car, T 328:24–329:3.

Lowry holstered his pistol and ordered Mr. Golphin to

place his hands behind his back. T 329:6–8. Kevin did

not move. T 329:21–23. As Mr. Golphin later testified,

at this point, he “had already shut down.” T 329:16–

23. In response, Lowry placed him in an armlock with

his hands on the back of Mr. Golphin’s neck and told

Mr. Golphin he “was going to break [his] neck.” TT

2361:14–17; T 329:21–330:8. When Mr. Golphin began

struggling to protect himself, Lowry “picked [Mr.

Golphin] up and then slammed him to the ground head

first.” TT 2362:9–12. Lowry then mounted

Mr. Golphin’s back while putting pressure on his neck.

TT 2362:6–2363:21, 2554:2–12. Mr. Golphin told

Lowry “he could not breathe.” TT 2554:13–20.

At that point, Cumberland County Sheriff’s Deputy

David Hathcock arrived. T 32:25, 44:20–45:2, 47:18–

22. He intercepted Tilmon, who was exiting the stolen

car, brought him towards Lowry and Mr. Golphin, and

pepper-sprayed Mr. Golphin in the eyes and face.

TT 2359:4–9; T 33:9–15. Tilmon broke free from

Hathcock, retrieved his grandfather’s rifle from the

stolen car, and opened fire, fatally striking both

officers while also hitting Mr. Golphin in the buttocks.

T 33:16–24, 50:3–15; TT 1932:19–1933:16. All of these

events—from Lowry ordering Mr. Golphin out of the

car at gunpoint and slamming his head against the

hood of the car to Tilmon firing the rifle—happened

within the span of just three or four minutes. T 49:22–

50:1.

Dazed, partially blinded, and wounded, Mr. Golphin

grabbed Trooper Lowry’s pistol and fired downward at

Lowry and, as he was backing away to the stolen car,

fired downward toward Hathcock, later testifying that

he was not thinking as he acted. T 330:18–331:25.

10

Expert psychologists explained during resentencing

proceedings that Mr. Golphin’s behavior was

consistent with the mental and emotional conditions

that afflicted him as a child: impaired impulse control,

disassociation, and a profound inability to regulate

responses under stress, and in particular, the stress of

a physical confrontation. T 175:15–24, 234:12–20,

273:5–274:2. Mr. Golphin’s mental conditions caused

“struggles related to the thinking and decision making

involved with weighing the consequences of actions in

the moment” and he was in constant “fight or

flight . . . mode” as a result of the trauma he endured.

T 154:14–24, 156:17–19, 175:15–24. The experts

further testified that, especially in fast-moving and

adrenaline-inducing situations such as this, Mr.

Golphin’s mental issues prevented rational thought. T

154:14–24,156:19, 175:15–24. Moreover, the experts

explained that, due to the bond that Kevin and Tilmon

formed during their hellish childhood, Mr. Golphin’s

mistaken belief that the initial shots were being fired

at, not by, Tilmon caused him to become “very

agitated” and further “exacerbated” his “fight or flight

instincts.” E117; T 275:20–277:2.

4. Still a teenager at the time of conviction,

Mr. Golphin was sentenced to death by a jury that had

not been instructed on the brain science regarding

juveniles’ capacity and the “distinctive attributes of

youth,” Miller, 567 U.S. at 472, or their relevance to

sentencing. That jury also did not hear any of the

extensive evidence of Mr. Golphin’s cognitive deficits,

mental illness, or significant developmental

limitations at the time of his offense that resulted from

his years of neglect and abuse.

5. Mr. Golphin initially struggled in prison. E117–

E118; E208; E425–E426; T 263:10–264:12, 309:22–25.

He attempted suicide within his first week there, and

11

consistent with his untreated mental health and

behavioral problems, he was defiant, disrespectful,

and angry. E117–E118; E425–E426; E208; T 263:16–

264:12, 309:22–25. In his first three years of

incarceration, Mr. Golphin was found guilty of 10

nonviolent disciplinary infractions. E208. In 2001, he

was placed in solitary confinement, where he

remained for the next decade. E377–E379. Solitary

confinement initially seemed to break Mr. Golphin:

from May 2001 through 2006, he was guilty of 17

disciplinary infractions. E208.

But even while still in solitary, things changed

dramatically. Mr. Golphin learned “a new way of

thinking” that “changed [his] life,” and decided to “take

accountability for [his] actions,” “own up” to his past,

and improve his life. T 311:2–7. Mr. Golphin became a

voracious reader, overcoming his childhood illiteracy,

and engaged in “a lot of self-introspection,” including a

regimen of writing, meditation, and prayer. T 310:11–

312:10; E119.

By the time he left solitary confinement in 2010, he

was a different person, and, by the time of his

resentencing proceeding in April 2022, Mr. Golphin

had undergone significant transformation and

rehabilitation. T 311:4–312:5. The State’s records

evidence that Mr. Golphin obtained a GED and sought

out and completed anger management and cognitive

behavioral therapy courses focused on conflict

resolution and coping skills. E434–35; T 312:11–

314:22. The State’s records further show that in the

eight years prior to his resentencing—from 2014

onward—Mr. Golphin was not found guilty of a

disciplinary infraction, despite being housed

throughout that period in a highly chaotic and

violence-prone general population dorm with 80 other

inmates. T 269:3–21; see also E208 (just five primarily

12

defiance-related infractions between 2006–2014). As a

result, Mr. Golphin had been in medium custody and

steadily employed for years before resentencing.

T 268:2–22, 315:10–16; E270–E297. And in that

environment, he had put the lessons from his

behavioral coursework provided by the North Carolina

Division of Prisons into action, focusing on

maintaining a “positive mental attitude,” a

cornerstone of the North Carolina Prisons’ Napoleon

Hill program, which helped him to resolve any conflict

“on a positive note.” T 313:24–314:10.

B. Proceedings Below

1. On April 11–13, 2022, the North Carolina

Superior Court held a three-day resentencing

proceeding.3 Mr. Golphin and three expert witnesses

testified. Pet. App. 31a. The experts included Dr. Peter

Duquette, then of UNC Health (currently of Duke

Health), whose professional experience includes

diagnosing mental and/or psychiatric disorders from

which children may suffer and evaluating how

childhood trauma may manifest in patients later in

life, and Dr. James Hilkey, the former Chief of

Psychology Services at Butner Federal Correctional

Institution. T 134:24–136:12, 137:1–7. Dr. Duquette

subjected Mr. Golphin to extensive psychological

testing. T 138:6–8.

Drs. Duquette and Hilkey testified that Mr. Golphin

had been substantially rehabilitated since his crimes

3 Following this Court’s decision in Roper, Mr. Golphin’s death

sentence was vacated and replaced with a mandatory lifewithout-parole sentence. Then, after this Court’s rulings in Miller

and in Montgomery v. Louisiana, 577 U.S. 190, 206–08 (2016)

(holding that Miller applies retroactively), Mr. Golphin was

granted a new sentencing proceeding. That 2022 sentencing

proceeding and its subsequent appeals give rise to this Petition.

13

in 1997. For example, based on his evaluation and

psychological testing, Dr. Duquette testified that

Mr. Golphin showed “significant” and “marked

difference[s]” from the evaluations at the time of his

offense. T 170:2–171:9. Dr. Duquette found that Mr.

Golphin was “able to self-regulate his behavior and

emotions,” and showed no signs of “emotional mood

swings or any types of behavioral impulse control”

issues. T 167:21–170:9; E70; E75.

Dr. Duquette also found no evidence that

Mr. Golphin still suffers from the mental and

emotional disorders he had as a juvenile and at the

time of the offense. Therefore, Dr. Duquette testified

that, as compared to when Mr. Golphin was 17, he is

“more able to control his impulses,” “more mature,”

and “more able to appreciate[] the consequences of his

actions.” T 167:21–170:1, 171:10–16, 176:19–177:6.

Similarly, based on his in-person evaluations of

Mr. Golphin and review of his records, Dr. Hilkey

testified that Mr. Golphin has “made a deliberate

effort to change [his behaviors]” and in fact has

experienced “substantial change” post-incarceration.

T 279:7–19; see also T 264:13–18, 266:11–267:8,

294:20–23. Dr. Hilkey testified that he is “impressed”

by the degree to which Mr. Golphin has altered his

behaviors and mindset in prison and has “hope for [Mr.

Golphin’s] future adjustment.” T 267:6–8, 269:23–

270:21. Dr. Hilkey also explained that he “hold[s] out

little hope for substantial change” for “[m]any people

that [he] ha[s] seen [throughout his career] . . . .

[T]here are people that are probably incorrigible and

hopeless. Mr. Golphin is not one of these people in my

opinion.” T 280:3–11. Dr. Hilkey concluded that “Mr.

Golphin is unlikely to engage in violence in the future

even if placed in a similarly triggering scenario [to the

traffic stop at which he committed his crime.]” E122.

14

Dr. Hilkey did so based on many factors, including:

Mr. Golphin’s “maturation” with “self-directed efforts

of personal growth” and his “remorse and capacity to

appreciate the pain caused by his actions”; that

Mr. Golphin has “spent much of his time in prison

working through the underlying anger . . . that likely

contributed to his inability to avoid violent escalation”;

a prison disciplinary record showing Mr. Golphin “has

become skilled in avoiding conflict and escalation”; and

Mr. Golphin’s “self-motivated discipline and selfawareness,” including a desire to reintegrate into

society. See id.

Mr. Golphin testified that his resolve toward

personal development has resulted in “a lot of growth.”

T 309:8–10. In contrast to the 17-year-old who thought

he knew everything, Mr. Golphin testified that he

“know[s] enough to know that [he] do[esn’t] know

[any]thing at all.” T 309:8–310:2. He also testified that

he wants to take college courses in psychology and

sociology; his goal is to “pay it forward” by counseling

troubled youth. T 314:11–315:6, 317:16–318:2.

The State did not present any witness testimony or

other evidence at resentencing to rebut Mr. Golphin’s

growth in prison. Nor did the State present any

evidence regarding Mr. Golphin’s capacity for change

in the future, let alone any lack of such potential. To

the contrary, the State conceded that “it sure seems

like” Golphin “has matured,” T 358:3–5, “seems to be

more stable,” T 358:20–23, and that the “takeaway”

from Dr. Duquette’s testimony was that “Golphin was

more mature when he got older,” T 366:20–22. The

prosecutor praised Mr. Golphin’s testimony as

“refreshingly candid,” T 354:19–20, and characterized

Mr. Golphin as “more articulate than some lawyers”

and “a bright young man,” T 356:10–12. The court

made no adverse credibility findings.

15

2. The resentencing court nonetheless imposed two

consecutive

life-without-parole

sentences.

Pet. App. 37a. It concluded “that [d]efendant’s crimes

demonstrate his permanent incorrigibility.” Id.

(emphasis added). The North Carolina Court of

Appeals rejected Mr. Golphin’s Eighth Amendment

challenge and instead affirmed the life-without-parole

sentences based on the resentencing court’s view of

what Mr. Golphin’s “crimes [as a juvenile]

demonstrate[d].” Id. at 9a, 29a.4 Although the

appellate court stated that Mr. Golphin “may be

commended on the improvements he has made while

incarcerated,” id. at 26a, it found no Eighth

Amendment problem in disregarding the unique

circumstances of Mr. Golphin’s mental and emotional

state as a juvenile, the undisputed evidence of his

reformation while incarcerated, and his continued

capacity for growth and change. The North Carolina

Supreme Court denied discretionary review. Id. at

40a.

Contemporaneous with the denial of Mr. Golphin’s

petition, the North Carolina Supreme Court issued a

series of decisions upholding life-without-parole

sentences by treating the crimes of conviction as

dispositive. See State v. Tirado, 911 S.E.2d 51, 71

(N.C. 2025); Sims, 912 S.E.2d at 786; State v. Borlase,

912 S.E.2d 795, 805 (N.C. 2025). As a concurring

4

The North Carolina Court of Appeals also rejected Mr.

Golphin’s argument that, irrespective of Miller, the resentencing

court’s decision violated the North Carolina Constitution’s

protections. Pet. App. 13a–14a. The North Carolina Supreme

Court had held the state constitution “offers protections distinct

from, and . . . broader than, those provided under the Eighth

Amendment.” State v. Kelliher, 873 S.E.2d 366, 382 (N.C. 2022).

As discussed below, the North Carolina Supreme Court has

subsequently jettisoned Kelliher’s interpretation of the state

constitution.

16

justice summarized in Sims, “the majority signals a

shift in the Miller sentencing hearing inquiry away

from the circumstances of the offender and his offense

in favor of his offense only. . . . [T]he majority distills

the Miller sentencing inquiry to a singular focus on the

facts of the crime.” 912 S.E.2d at 786–87 (Earls, J.,

concurring).

Mr. Golphin now seeks certiorari.

REASONS FOR GRANTING THE PETITION

I. NORTH CAROLINA’S DE FACTO MANDATORY SENTENCING REGIME CONFLICTS WITH THIS COURT’S EIGHTH

AMENDMENT JURISPRUDENCE AND ITS

APPLICATION BY LOWER COURTS.

In a series of recent decisions, North Carolina has

declared that juvenile offenders may be sentenced to

die in prison based solely on the crime committed and,

moreover, that cursory nods to the offender’s youth are

sufficient to satisfy the Eighth Amendment. North

Carolina’s offense-centric approach to juvenile

sentencing conflicts with this Court’s Eighth

Amendment jurisprudence and with other courts’

applications of those rules.

This Court has repeatedly held that, under the

Eighth Amendment, children are “constitutionally

different from adults for purposes of sentencing” and,

thus, may not be sentenced to the harshest

punishments based solely on the facts of their crimes.

See Miller, 567 U.S. at 471; Roper, 543 U.S. at 570. In

Roper, for example, the Court concluded that a

categorical ban on the death penalty for juvenile

offenders was necessary under the Eighth Amendment

because there is an “unacceptable likelihood” that a

sentencer would allow “the brutality or cold-blooded

17

nature of any particular crime” to “overpower

mitigating arguments based on youth as a matter of

course, even where the juvenile offender’s objective

immaturity, vulnerability, and lack of true depravity

should require a sentence less severe than death.” 543

U.S. at 573. And in Graham v. Florida, the Court

banned sentencing juvenile offenders to LWOP for

non-homicide offenses, explaining that, while “[a]

juvenile is not absolved of responsibility for his

actions, . . . his transgression ‘is not as morally

reprehensible as that of an adult.’” 560 U.S. 48, 68

(2010).

In Miller, the Court held that mandatory LWOP

sentences for juvenile offenders violate the Eighth

Amendment. 567 U.S. at 479–80. The Court

recognized that “‘youth is more than a chronological

fact,’” and is instead “a time of immaturity,

irresponsibility, ‘impetuousness[,] and recklessness.’”

Id. at 476. But youth’s “‘signature qualities’ are all

‘transient,’” which means that sentencing must be

different than it is for adults. Id.

Most pertinent here, Miller emphasized that none of

the distinctive attributes of youth are “crime-specific.”

Id. at 473. Thus, even when a juvenile commits a

heinous crime, sentencers are “require[d] . . . to take

into account how children are different, and how those

differences counsel against irrevocably sentencing

them to a lifetime in prison.” Id. at 480 (emphasis

added). And, while this Court stopped short of

categorically banning LWOP sentences for juvenile

homicide offenders, it stated that given “children’s

diminished culpability and heightened capacity for

change, we think appropriate occasions for sentencing

juveniles to this harshest possible penalty [of LWOP]

will be uncommon.” Id. at 479.

18

In Montgomery v. Louisiana, the Court explained

that “Miller . . . established that the penological

justifications for life without parole collapse in light of

‘the distinctive attributes of youth,’” and that such

sentences must be reserved for only the “rare” juvenile

homicide offender. 577 U.S. 190, 208 (2016) (quoting

Miller, 567 U.S. at 472). The Court reiterated “Miller’s

central intuition—that children who commit even

heinous crimes are capable of change.” Id. at 212.

Most recently, in Jones, this Court reaffirmed Miller

and Montgomery. 593 U.S. at 118. The Court

reiterated that “Miller mandated . . . ‘that a sentencer

. . . consider[] an offender’s youth and attendant

characteristics . . . before imposing’ a life-withoutparole sentence.” Id. at 106 (quoting Miller, 567 U.S.

at 483). It explained that a discretionary sentencing

regime is necessary to ensure that sentencers afford

“individualized ‘consideration’ to, among other things,

the defendant’s ‘chronological age and its hallmark

features.’” Id. at 109, 115 (quoting Miller, 567 U.S. at

477).

While many courts across the country have properly

applied this Court’s Eighth Amendment holdings,

North Carolina has recently made itself an extreme

outlier, essentially reverting to a pre-Miller regime.

A. North Carolina Now Allows The

Circumstances of A Juvenile’s Crime to

Dictate LWOP Sentencing.

The North Carolina Supreme Court, while

nominally reciting the considerations set forth in a

facially discretionary scheme that the state’s

legislature enacted post-Miller,5 has in practice been

implementing an overly-punitive appraisal that

5 N.C. Gen. Stat. § 15A-1340.19B(c).

19

“shift[s] . . . the Miller sentencing hearing inquiry

away from the circumstances of the offender . . . . to a

singular focus on the facts of the crime.” Sims, 912

S.E.2d at 786–87 (Earls, J., concurring). This

sentencing scheme “revives the mandatory sentencing

approach that Miller rejected.” Id. at 787; see also

Borlase, 912 S.E.2d at 814 (Earls, J., dissenting)

(stating that the majority’s treatment of this Court’s

decisions in Miller and Jones “leaves defendants with

less protection than . . . the Constitution guarantees”);

id. at 818 (majority endorsed the sentencing court’s

“crabbed view of what Miller commands us to do”).

The North Carolina Supreme Court’s approach to

the Eighth Amendment now allows the crime to

invariably eclipse developmental science, undisputed

facts of rehabilitation (as here), and the rule against

reflexively condemning children to die in prison.

Contrary to this Court’s directives, North Carolina has

made life-without-parole sentences on juvenile

offenders presumptive, not rare. This leaves North

Carolina standing virtually alone among its fellow

states post-Miller and warrants review.

The North Carolina Supreme Court’s departure from

the fundamental precept of Miller and its progeny—

that juveniles are entitled to individualized sentencing

based upon the circumstances of their youth and not

merely their crime—has emerged as a backlash to the

North Carolina Supreme Court’s 2022 decision in

State v. Kelliher, 873 S.E.2d 366 (N.C. 2022). Over a

vigorous dissent, the Kelliher majority had held that

the North Carolina Constitution “offers protections

distinct from, and . . . broader than, those provided

under the Eighth Amendment,” id. at 382, and, as a

result of those broader protections, “unless the trial

court expressly finds that a juvenile homicide offender

is one of those ‘exceedingly rare’ juveniles who cannot

20

be rehabilitated, he or she cannot be sentenced to life

without parole,” id. at 387; see also id. at 394–96

(Newby, C.J., dissenting) (accusing the majority of

“judicial activism” and decrying its interpretation of

the North Carolina constitution).

After two of the justices from Kelliher’s majority

were replaced on the court, the North Carolina

Supreme Court has issued decisions not only

effectively overruling Kelliher’s state constitutional

holdings, but also gutting the Eighth Amendment

protections for juvenile offenders recognized by this

Court.

In January 2025, the North Carolina Supreme Court

disavowed Kelliher, instead “lockstep[ping] [the

court’s] application of [the North Carolina State

Constitution] with that of the Eighth Amendment.”

Tirado, 911 S.E.2d at 54.6 Post-Tirado, the North

Carolina Supreme Court proceeded to undo the

protections of the Eighth Amendment for juvenile

offenders, drawing itself into conflict with this Court’s

Miller line of cases and decisions of other state courts.

Specifically, in March 2025, the North Carolina

Supreme Court rejected Eighth Amendment-based

challenges to crime-based LWOP sentences in Sims,

912 S.E.2d at 786, and Borlase, 912 S.E.2d at 809. In

Sims, the North Carolina Supreme Court concluded

that the sentencing court’s discussion of the details of

6 See id. at 59–60, 70–71 (holding State Constitution, at most,

offered protections equal to those under the Eighth Amendment);

see also id. at 76–77 (Earls, J., concurring in the result only)

(criticizing the majority for declaring that North Carolina

Constitution provides less protection for juvenile criminal

defendants than the Eighth Amendment when defendant

conceded that the sentencing did not violate the state

constitutional rule of Kelliher).

21

the crime were a sufficient basis for turning aside an

Eighth Amendment challenge. 912 S.E.2d at 779. As

Justice Earls summarized, the majority devoted “over

ten paragraphs” to the crime while providing only “two

sentences” of analysis on mitigation factors the

legislature enacted to implement Miller, rendering the

individualized sentencing inquiry effectively illusory.

Id. at 787 (Earls, J., concurring).

Justice Earls, as noted, warned that allowing

LWOP sentences to hinge on the offense in this way,

the majority’s approach “revives the mandatory

sentencing approach that Miller rejected.” Id. She

explained that for a juvenile to be eligible for LWOP in

North Carolina, “the juvenile must have been

convicted of killing another person intentionally and

in the first degree.” Id. “Every juvenile convicted of

intentionally killing another person has by definition

committed a heinous crime. It eliminates the exercise

of discretion, then, to make the sentencing decision

entirely dependent on whether the crime was

heinous.” Id. In sum, this approach “signals a shift in

the Miller sentencing hearing inquiry away from the

circumstances of the offender and his offense in favor

of his offense only. . . . [T]he majority distills the Miller

sentencing inquiry to a singular focus on the facts of

the crime.” Id. at 786–87.

Similarly, the same day, in Borlase, the North

Carolina Supreme Court upheld a juvenile offender’s

LWOP sentence “in light of the crimes committed by

defendant.” 912 S.E.2d at 809. The court brushed by

evidence that the defendant had intellectual

disabilities, suffered a history of abuse, and had

documented mental health challenges. See id. at 808–

09. Again, Justice Earls, joined by Justice Riggs, in

dissent criticized the North Carolina Supreme Court’s

new crime-focused approach to the constitutionality of

22

juvenile LWOP sentences as endorsing a “crabbed

view of what Miller commands us to do.” Id. at 818

(Earls, J., dissenting). The dissenters stated that the

majority’s approach to Miller and Jones “leaves

defendants with less protection than . . . the

Constitution guarantees,” and expects the appellate

courts to simply “trust . . . the sentencing court

considered characteristics of the juvenile because they

had [facial statutory] discretion to so consider those

characteristics.” Id. at 814; see also id. at 813

(criticizing the majority’s “exceedingly deferential

standard” as having “no support in federal

constitutional law”).

Consistent with and within days of these decisions, 7

the North Carolina Supreme Court denied review of

the resentencing decision in Mr. Golphin’s case, which

if nothing else presaged where the North Carolina

Supreme Court ultimately landed with respect to its

treatment of the crime itself. The resentencing court

imposed, and the Court of Appeals affirmed, two lifewithout-parole sentences on the basis that

Mr. Golphin’s “crimes demonstrate his permanent

incorrigibility.” Pet. App. 37a (emphasis added)

(cataloging the facts of the offense, without mentioning

the physical confrontation initiated by Trooper Lowry

or its rapid escalation, including threats of severe

physical violence against Mr. Golphin, that left the

then-emotionally and behaviorally compromised Mr.

Golphin vulnerable to his acute fight or flight instinct);

see id. at 27a–29a (similar from Court of Appeals). The

courts

treated

the

crimes

as

dispositive,

notwithstanding that the resentencing record

contained

unrefuted,

extensive

evidence

of

7 The Court’s order denying review was dated March 19—two

days before Sims and Borlase—but was not issued to the parties

by the clerk’s office under March 24.

23

Mr. Golphin’s childhood trauma, his fragile emotional

state at the time of his offense particularly where he

was subjected to physical confrontation and being

pinned down as he had during his abusive childhood,

and the undisputed record of his growth,

rehabilitation, and remorse in the many years since

his crime. See supra pp. 5–12. Indeed, the State

conceded that Mr. Golphin had, in fact, “matured,”

T 358:4–5, and the resentencing court acknowledged

that Mr. Golphin’s “conduct in prison has improved

since 2014.” Pet. App. 36a; see also id. at 26a (Court of

Appeals: “commend[ing Mr. Golphin] on the

improvements he has made while incarcerated”).

The crime-centric juvenile sentencing regime that

the North Carolina Supreme Court has endorsed,

which the lower courts had applied in Mr. Golphin’s

case, conflicts with this Court’s Eighth Amendment

holdings. By allowing life-without-parole sentences for

juvenile offenders to hinge on no more than the crime

itself, North Carolina has converted Miller’s

protections into a box-checking exercise. While this

Court recognized in Jones the significance of

sentencing courts’ discretion in issuing juvenile

LWOP, 593 U.S. at 114–16, North Carolina’s current

juvenile sentencing scheme cannot be considered truly

discretionary if the underlying crime is all that the

sentencer really needs to consider to impose life

without parole. Rather, it reverts to the mandatory

sentencing scheme that Miller rejected as

unconstitutional. Sims, 912 S.E.2d at 787 (Earls, J.,

concurring); supra pp. 19, 21.

North Carolina’s new sentencing regime conflicts

with this Court’s holdings and upends this Court’s

recognition that life without parole must be reserved

for the “rare” juvenile homicide offender. E.g.,

Montgomery, 577 U.S. at 208. Indeed, the North

24

Carolina Supreme Court explicitly stated that

sentencing courts are “not required . . . to ensure rarity

of [juvenile LWOP] sentence[s].” Sims, 912 S.E.2d at

779; Borlase, 912 S.E.2d at 805. Consistent with this,

the North Carolina Supreme Court has upheld lifewithout-parole sentences in every single case for every

single offender that it has considered post-Kelliher.

See Sims, 912 S.E.2d at 786; Borlase, 911 S.E.2d at

809; Tirado, 911 S.E.2d at 71; Pet. App. 9a, 29a, 40a;

State v. McCord, 912 S.E.2d 828 (N.C. 2025). 8

B. Other Courts Have Properly Applied this

Court’s

Eighth Amendment Jurisprudence to Hold That Juveniles May

Not Be Sentenced Solely Based On Their

Crime.

In stark contrast to North Carolina, courts across

the country have given effect to this Court’s

requirement that sentencers afford individualized

consideration of an offender’s youth and attendant

circumstances before sentencing a juvenile to LWOP.

Appellate

courts

in

Pennsylvania,

Oregon,

Connecticut, Michigan, and Utah have squarely

rejected that the Eighth Amendment permits courts to

do what North Carolina did here: hinge a sentence on

the crime the juvenile committed.

8 Pre-Kelliher, the North Carolina Supreme Court had upheld

juvenile life-without-parole sentences in just one of the eleven

such cases that came before it post-Miller. State v. Lovette, 763

S.E.2d 392 (N.C. 2014) (Mem.), aff’g 758 S.E.2d 399, 410 (N.C. Ct.

App. 2014); see also Ben Finholt et al., Juvenile Life Without

Parole in North Carolina, 110 J. Crim. L. & Criminology 141, 157

(2020) (noting that juvenile LWOP sentencing in North Carolina

declined significantly post-Miller, with just twelve juvenile

offenders sentenced to LWOP between 2010 and 2018, versus 52

juvenile offenders sentenced to LWOP between 2000 and 2009).

25

Post-Jones, Pennsylvania appellate courts have

explicitly overturned juvenile LWOP sentences as

violative of the Eighth Amendment’s protections and

this Court’s precedent where courts rest sentences on

the crimes committed without adequately accounting

for the mitigating qualities of youth. Last year, for

example, the Pennsylvania Superior Court vacated an

LWOP sentence because the sentencing court’s

“rationale for the LWOP resentence [wa]s

predominately based upon the level of violence the

court attributed to [the juvenile’s] actions toward the

victim.” Commonwealth v. Stewart, No. 139 MDA

2023, 2024 WL 3673509, at *8 (Pa. Super. Ct. Aug. 6,

2024). The appellate court concluded that the

sentencing court had not “adequately take[n] into

account the mitigating qualities of [the offender’s]

youth at the time he committed the crime . . . [or]

properly consider[ed] the significant rehabilitative

steps [the offender] has made over the past 13½ years

in prison.” Id. at *9. The appellate court noted that

“[a]lthough the [sentencing] court stated that it had to

consider the fact that [the offender] ‘seems to be doing

well in prison[,]’” and the sentencing court listed

multiple indicia of that, “the court immediately

followed those statements with the conclusion that ‘the

level of violence justifies a sentence of life in prison.’”

Id. at *10.

The appellate court concluded that this “directly

contradicts the Supreme Court’s edict that ‘children

who commit even heinous crimes are capable of

change,’” id. (quoting Montgomery, 577 U.S. at 212),

and held that the sentencing court had violated Jones

by not “apply[ing] a discretionary ‘procedure [that]

ensures the sentencer affords individualized

consideration to, among other things, the defendant’s

chronological age and its hallmark features,” id.

26

(quoting 593 U.S. at 109); see also Commonwealth v.

Schroat, 272 A.3d 523, 530 (Pa. Super. Ct. 2022)

(overturning a juvenile LWOP sentence after finding

that the sentencing court’s “opinion reflects a lack of

consideration for Appellant’s youth, history, and

rehabilitative needs in favor of an inordinate focus on

the heinous act he committed as a minor”).

Appellate courts in Oregon and Connecticut have

issued similar decisions. In State v. Davilla, the

Oregon Court of Appeals found that the sentencing

court had violated the Eighth Amendment because it

“focused almost exclusively on the nature of the crimes

to justify the imposition of a” de facto life sentence. 462

P.3d 748, 752 (Or. Ct. App. 2020). Similarly, in State

v. Riley, the Supreme Court of Connecticut found a

sentencing court had violated Miller because its

LWOP sentence turned on the “innocence of the

victims and the choice made by the defendant to

commit these senseless crimes.” 110 A.3d 1205, 1217

(Conn. 2015); see also, e.g., Kitchen v. Whitmer, 486 F.

Supp. 3d 1114, 1120 (E.D. Mich. 2020) (finding the

sentencing court “did not account for [the offender]’s

youth in the way Miller contemplates” where the judge

“focused primarily on the seriousness of the offense,

stating that this was ‘one of the most heinous crimes’

he had tried”); Sparks v. United States, No. W-11-CV123, 2018 WL 1415775, at *5 (W.D. Tex. Mar. 19, 2018)

(“no matter how heinous their crime” juveniles should

receive a lesser sentence unless “the record as a whole”

indicates otherwise) (emphasis added)), aff’d, 941 F.3d

748 (5th Cir. 2019).

Moreover, appellate courts in Michigan have

recognized that a sentencer’s cursory reference to

youth and its attendant circumstances is insufficient

to satisfy the Eighth Amendment’s requirements

under Miller. In People v. Hyatt, the Michigan Court

27

of Appeals held the individualized sentencing the

Eighth Amendment requires is not satisfied by simply

running through the checklist of factors of “youth”

identified by this Court: “[s]entencing courts are to do

more than pay mere lip service to the demands of

Miller. . . . [T]he fact that a vile offense occurred is not

enough, by itself, to warrant imposition of a lifewithout-parole sentence. 891 N.W.2d 549, 574–75

(Mich. Ct. App. 2016), aff’d in part, rev’d in part on

other grounds sub nom. People v. Skinner, 917 N.W.2d

292 (Mich. 2018).9

Further, the Supreme Court of Utah has recognized

that, even when a court purports to apply a facially

discretionary sentencing scheme, the court fails to

sufficiently consider youth under the Eighth

Amendment if it sentences a juvenile to LWOP despite

finding that the juvenile offender “can change or that

their crime was the result of mere transient

immaturity.” State v. Mullins, No. 20200149, 2025 WL

796220, at *16 (Utah Mar. 13, 2025).

Allowing the Eighth Amendment to be satisfied by

merely referencing youth or claiming to apply a

discretionary sentencing scheme wrongly reduces the

constitutional protections to form over substance. Cf.,

e.g., Bd. of Cnty. Comm’rs v. Umbehr, 518 U.S. 668,

679 (1996) (“Determining constitutional claims on the

basis of . . . formal distinctions, which can be

manipulated largely at the will of the government . . . ,

is an enterprise that we have consistently eschewed.”);

Batson v. Kentucky, 476 U.S. 79, 98 (1986) (holding

9 Skinner was among the cases that held, pre-Jones, that trial

courts need not make a finding of fact regarding a juvenile

offender’s incorrigibility. 917 N.W.2d at 309. Thus, Skinner and

the Michigan Court of Appeals’ decision in Hyatt remain good law

post-Jones.

28

that if general assertions were sufficient, “the Equal

Protection Clause ‘would be but a vain and illusory

requirement’”). What the Constitution demands is not

performative compliance, but real application.

II. THE

IMPORTANCE

OF

JUVENILE

SENTENCING HEIGHTENS THE NEED

FOR REVIEW.

The conflict between the North Carolina Supreme

Court’s Eighth Amendment jurisprudence and the

holdings of this Court and other state lower courts

would be enough to merit review in any number of

contexts, but the gravity of the question strengthens

the need for the Court to grant this Petition.

This Court has been clear that the protections

afforded to all citizens by the Eighth Amendment

“flow[] from the basic ‘precept of justice that

punishment for crime should be graduated and

proportioned to [the] offense.’” Roper, 543 U.S. at 560.

Accordingly, the failure of courts to adhere to the basic

requirements of the Eighth Amendment, “even [with

respect to those] convicted of heinous crimes,” amounts

to a violation of the fundamental “duty of the

government to respect the dignity of all persons.” Id.

The societal interest in ensuring that children, who

“are constitutionally different from adults for purposes

of sentencing,” are not treated as if they were adults

when they committed their crimes is more imperative.

Miller, 567 U.S. at 471.

Mr. Golphin is emblematic of the grave risk of doing

otherwise. He is serving two life-without-parole

sentences for crimes that caused his victims’ families

and communities great pain, and for which he has

expressed deep remorse. But Mr. Golphin committed

those crimes without premeditation as a severely

traumatized, emotionally stunted 17-year-old in the

29

final rash moments of what had been a fast-moving,

high stress traffic stop that escalated through the use

of significant physical force, triggering Mr. Golphin’s

intensely ingrained flight or fight response and lack of

impulse control resulting from his childhood marked

by severe abuse. There is now clear and unequivocal

evidence that his shockingly impulsive crime was the

product of youth—deeply-impaired youth whom the

State had failed to protect—and that he has changed,

matured, and rehabilitated in his decades of

incarceration. Yet, because the North Carolina

Supreme Court has now repeatedly endorsed an

approach where a juvenile’s crime itself predetermines

the imposition of life without parole, Mr. Golphin will

continue to be defined and punished for a horrible

mistake marked by “immaturity, irresponsibility,

‘impetuousness[,] and recklessness,’” the cardinal

“transient” properties of youth, and despite a roughly

30-year record that demonstrates that he has the

“capacity for change” and indeed has changed. Miller,

567 U.S. at 476, 479; see T 358:4–5; Pet. App. 26a

(Court of Appeals: “commend[ing Mr. Golphin] on the

improvements he has made while incarcerated”); id. at

36a (resentencing court: “Defendant’s conduct in

prison has improved since 2014”).

Without this Court’s intervention, the North

Carolina courts will continue to erode the

constitutional protections that are owed to juvenile

offenders. This Court need not disturb any State’s

ability to impose juvenile life without parole in narrow,

constitutionally compliant circumstances. But it

should not allow a state to disregard the manner in

which youth offenders are different from adults simply

by pointing to the fact that the juvenile offenders

standing before them necessarily committed a heinous

crime.

30

CONCLUSION

The Court should grant the petition.

Respectfully submitted,

EAMON P. JOYCE*

CHRISTINA PRUSAK CHIANESE

BRIANNA O. GALLO

BRIAN C. EARL

SIDLEY AUSTIN LLP

787 Seventh Avenue

New York, NY 10019

(212) 839-5300

ejoyce@sidley.com

Counsel for Petitioner

August 15, 2025

* Counsel of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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