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Via: News14.Com

Cumberland County prosecutors will argue whether or not an experienced African American judge should continue to preside over the state’s first Racial Justice Act hearing. The Racial Justice Act allows death row inmates to challenge their sentence on the grounds of racial bias.

Superior Court Judge Gregory Weeks was the first judge in North Carolina to hear evidence in a case filed under the act and Thursday, prosecutors want him removed because he could be called as a witness in this case.

The defendant in this case, Marcus Robinson has been sitting on death row since 1994 after being found guilty of murder. Robinson’s attorneys say prosecutors discriminated against qualified black jurors at his 1994 trial for killing a white teenager.