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620, 948 A. 2d 742 (2008), and Pet. Compare State v.
Badgett, 361 N. C. 234, 644 S. E. 2d 206 (2007), and
Pet. See Brief for State of Ala­ bama et al.
See Ring v. Arizona, 536 U. S. 584, 615 (2002) (BREYER, J., concur­ ring in judgment).

First, a prolonged delay in and of itself is especially merciless because it "subjects death row inmates to a long time of particularly extreme, dehumanizing situations of confine­ ment." Ibid.;
Gomez v. Fierro, 519 U. S. 918 (1996) (Ste­ vens, J., dissenting) (excessive delays from sentencing to execution can themselves "constitute merciless and unusual punishment prohibited by the Eighth Amendment"); see additionally Lackey
v. Texas, 514 U. S. 1045 (1995) (memorandum of Stevens, J., respecting denial of certiorari);
Knight v. Florida, 528 U. S. 990, 993 (1999) (BREYER, J., dissenting from denial of certiorari).
Second, prolonged delay under­ mines the loss of
life penalty’s penological rationale. How then can we reconcile the demise penalty with the calls for of a Consti­ tution that
firstly insists upon a rule of regulation? In 1890, this Court acknowledged that, "when a prisoner sentenced by a court to dying is confined within the penitentiary awaiting the execution of the sentence, some of the horrible feelings to which he will be subjected throughout that time is the uncertainty during the entire of it." Medley, supra,
at 172. The Court was there describing a delay of a mere four weeks.

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