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Innocence and Justice Clinic Director Mark Rabil says new Racial Justice Act will lead to more litigation

A new scaled-back Racial Justice Act will lead to more litigation, not less, supporters of the original law say.

On Tuesday, attorneys for four death row inmates in Cumberland County filed amended motions arguing that the original Racial Justice Act, not the new one, applies to their cases. In April, a Cumberland County judge ruled in the first evidentiary hearing under the law that racial bias played a significant role in jury selection in the case of Marcus Robinson, a black man convicted of killing a white teenager.

Attorneys representing two death row inmates in Forsyth County — Errol Duke Moses and Carl Stephen Moseley — plan to file similar amendments. Moses and Moseley are the only two in Forsyth County who have had hearings under the Racial Justice Act. An evidentiary hearing has not yet been held.

Attorneys have 60 days to file amended motions under the new law.

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