Perkins v. State of North Carolina

Max Doyle Perkins and Robert Eugene McCorkle (defendants) were jointly indicted under North Carolina's sodomy statute, which allowed sentences from five to sixty years; McCorkle pleaded nolo contendere and received five to seven years, while Perkins pleaded not guilty, was convicted by a jury only two days after indictment without his appointed counsel having adequate time to investigate despite requesting a continuance, and received twenty to thirty years. Perkins sought federal habeas relief, arguing his sentence violated the Eighth Amendment's ban on cruel and unusual punishment.