http://nccriminallaw.sog.unc.edu/?p=3368 UNC School of Government Blog Mon, 17 Jun 2013 14:53:31 +0000 hourly 1 http://wordpress.org/?v=3.5.1 http://nccriminallaw.sog.unc.edu/?p=3368&cpage=1#comment-7602 JT Tue, 06 Mar 2012 17:53:05 +0000 http://sogweb.sog.unc.edu/blogs/ncclaw/?p=3368#comment-7602 Heard about a similar case where the DA drafted the plea transcript and the agreement was that if the Defendant forfeits his mother’s car to the State, the State would offer him a sentence of 76-101 months on his habitual felon charge. The Defendant produced the vehicle and signed the consent for forfeiture. Both the State and the Defendant signed the plea agreement (drafted by the State) for 76-101 months. During the plea and at the end of the factual basis, the DA argues for the maximum mitigated. The Defendant objects and informs the judge that DA’s new request is not consistent with the transcript. The judge declines to accept the plea. Can the Defendant request specific performance to obtain the 76-101 months, since the Defendant already performed his end of the agreement?

]]> http://nccriminallaw.sog.unc.edu/?p=3368&cpage=1#comment-7596 JD Tue, 06 Mar 2012 16:01:57 +0000 http://sogweb.sog.unc.edu/blogs/ncclaw/?p=3368#comment-7596 Doesn’t ordering the refund violate the doctrine of sovereign immunity? If so, the name of the case is exceptionally fitting.

]]> http://nccriminallaw.sog.unc.edu/?p=3368&cpage=1#comment-7588 Ed Lunsford Mon, 05 Mar 2012 17:29:38 +0000 http://sogweb.sog.unc.edu/blogs/ncclaw/?p=3368#comment-7588 Who is responsible for imposing fines, and can they unilaterally add addition fees, such as were appropriate, but were not in the original court imposition?

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