A judge ruled a hearing involving a killer who's the first on North Carolina's death row to use a new law to try to prove that race played a role in his sentence continue as scheduled.
Superior Court Judge Greg Weeks denied a motion by prosecutors who wanted the defense to start presenting the case Monday.
Prosecutors then wanted a delay in presenting their case.
The hearing is underway in Cumberland County.
Marcus Robinson is using the Racial Justice Act to try to get a sentence of life in prison without parole instead of the death penalty.
Death penalty opponents say the prosecutors who won Robinson's conviction dismissed qualified black jurors more than three times the rate of white jurors.
Robinson was sentenced to death in Cumberland County for the 1991 death of Erik Tornblom.
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