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STATE v. KELLIHER

No. 442PA20.

873 S.E.2d 366 (2022)

2022-NCSC-77

STATE of North Carolina, v. James Ryan KELLIHER.

Supreme Court of North Carolina.

Filed June 17, 2022.

Attorney(s) appearing for the Case

Joshua H. Stein , Attorney General, by Kimberly N. Callahan , Special Deputy Attorney General, for the State-appellant.

Glenn Gerding , Appellate Defender, by Kathryn L. VandenBerg , Assistant Appellate Defender, for defendant-appellee.

Lisa Grafstein , Susan H. Pollitt , Raleigh, and Luke Woollard , for Disability Rights North Carolina, amicus curiae.

Christopher J. Heaney , Emily A. Gibson , and Margaret P. Teich , for North Carolina Advocates for Justice, amicus curiae.

¶ 1 When a child commits a murder, the crime is a searing tragedy and profound societal failure. Even a child has agency, of course; we do not absolve a child of all culpability for his or her criminal conduct. But there are different considerations at issue when sentencing a juvenile offender as compared to an adult criminal...

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