Uncontroverted Mitigating Factors

Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory factor under G.S. 15A-1340.16(e). Before the defendant can present evidence of the factor (probably a DD-214) to the court, the judge stops him, saying, “No … Read more