The North Carolina Supreme Court issued a decision Dec. 12 reversing the Court of Appeals in *State v. Kelliher*, a closely watched juvenile sentencing case that has worked its way through the state's courts for more than two decades.
The court held that trial courts may impose consecutive sentences for ancillary robbery convictions even when a juvenile defendant receives concurrent life sentences with parole for murder convictions. Justice Berger wrote the opinion for the court.
James Ryan Kelliher was 17 years old when he committed the August 2001 murders of Eric Carpenter and his pregnant girlfriend, Kelsea Helton in Cumberland County. Kelliher was charged with two counts of first-degree murder, two counts of robbery with a dangerous weapon, and one count of conspiracy to commit robbery with a dangerous weapon.
On March 1, 2004, Kelliher pled guilty to all charges. He was originally sentenced to two consecutive sentences of life without parole for the first-degree murder convictions and concurrent sentences of 64 to 86 months for the robbery charges.
The case gained national attention as part of broader constitutional challenges to juvenile life sentences. In the first appeal, known as *Kelliher I*, the North Carolina Supreme Court held in 2022 that sentencing a juvenile murderer to two consecutive terms of life with parole violates the Eighth Amendment to the United States Constitution and Article I, Section 27 of the North Carolina Constitution.
The court in *Kelliher I* found that consecutive life sentences for juvenile offenders constituted cruel and unusual punishment. The court remanded the case for resentencing with "instructions to enter two concurrent sentences of life with parole" for the murder convictions.
Following that ruling, Superior Court Judge James F. Ammons Jr. resentenced Kelliher on March 31, 2023. The trial court imposed the required concurrent life sentences with parole for the murders but exercised its discretion to run Kelliher's robbery convictions consecutive to those life sentences.
Kelliher challenged this resentencing, arguing that the trial court improperly imposed consecutive sentences for the robbery convictions. The Court of Appeals agreed with Kelliher in an unpublished, unanimous decision issued May 7, 2024. The intermediate appellate court vacated the trial court's judgments and remanded the case.
The state sought discretionary review from the North Carolina Supreme Court under N.C.G.S. § 7A-31. The high court heard oral arguments on April 15, 2025.
In reversing the Court of Appeals, the Supreme Court distinguished between the constitutional prohibition on consecutive life sentences for juvenile murderers and the separate question of how ancillary convictions should be sentenced. The court held that while *Kelliher I* prohibited consecutive life sentences for the murder convictions themselves, it did not preclude trial courts from imposing consecutive sentences for other crimes committed during the same criminal episode.
Attorney General Jeff Jackson's office represented the state, with Special Deputy Attorney General Heidi M. Williams arguing the case. Kelliher was represented by the Office of the Appellate Defender, with Assistant Appellate Defender Kathryn L. VandenBerg handling the appeal.
The decision resolves a question left open by *Kelliher I* about how trial courts should handle sentencing for non-murder convictions when resentencing juvenile defendants who originally received consecutive life sentences. The ruling provides guidance to trial courts handling similar resentencing cases throughout North Carolina.
The case reflects ongoing national debates about appropriate sentences for juvenile offenders, particularly those who commit serious violent crimes. The Supreme Court's 2012 decision in *Miller v. Alabama* prohibited mandatory life sentences without parole for juveniles, leading to numerous resentencing proceedings across the country.
North Carolina has been at the forefront of implementing constitutional requirements for juvenile sentencing. The state's approach in *Kelliher I*, finding that even consecutive life sentences with parole violate constitutional protections for juveniles, went beyond federal constitutional minimums and reflected the state constitution's robust protections against cruel and unusual punishment.
The practical effect of the Supreme Court's latest ruling is that Kelliher will serve his concurrent life sentences with parole for the murders, followed by additional time for the robbery convictions. This means he will serve more total time than if all sentences ran concurrently, but less time than under his original consecutive life sentences without parole.
The decision may affect other pending juvenile resentencing cases in North Carolina where defendants face multiple convictions beyond murder charges. Trial courts now have clear guidance that they retain discretion to impose consecutive sentences for non-murder convictions even when constitutional requirements mandate concurrent sentences for murder convictions.