In State v. Krider, __ N.C. App. __, 810 S.E.2d 828 (2018) (discussed here), a divided court of appeals vacated the defendant’s probation revocation based on absconding. Last week, the supreme court affirmed the court of appeals. Today’s post considers what Krider tells us about absconding—and what constitutes sufficient proof of any probation violation.
Jamie Markham
An Update on Life with and without Parole for Young Defendants
In Miller v. Alabama, 567 U.S. 460 (2012), the Supreme Court held that a sentencing regime that makes life without parole mandatory for a murder committed by a defendant under the age of 18 is unconstitutional. The rule applies retroactively. Montgomery v. Louisiana, 577 U.S. __, 136 S. Ct. 718 (2016). North Carolina amended its statutes to comply with the ruling in 2012, enacting G.S. 15A-1340.19A through -1340.19D to create an option to sentence certain young defendants to life with the possibility of parole after 25 years. Today’s post considers where we are after a half-decade under the new regime.
State v. Murphy and Restitution for Unconvicted Conduct
In 2010, I wrote a post asking, “Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction?” The court of appeals answered that question this week in State v. Murphy.
Criminal Monetary Obligations Bench Card Available
The School of Government has published a new resource on Monetary Obligations in North Carolina Criminal Cases.
State v. Griffin and the Effectiveness of Satellite-Based Monitoring
The court of appeals issued a new decision on satellite-based monitoring (SBM) of sex offenders this week. It gives further guidance on what the State will need to show to establish that SBM is a reasonable search under the Fourth Amendment in light of Grady v. North Carolina.
The Domestic Violence Condition of Probation
North Carolina has a regular condition of probation requiring abuser treatment for defendants found responsible for acts of domestic violence. Today’s post discusses the condition, and what happens when a defendant violates it.
“Pay to Play” Deferred Prosecutions
A district attorney generally has discretion in structuring his or her approach to deferred prosecutions. The DA could have a broad program, allowing deferrals for all defendants who might be eligible as a matter of law. Or there could be no program at all (aside from the handful of diversions that are mandatory in certain circumstances). Regardless, whatever program the State has must not discriminate against defendants based on an improper classification. Characteristics like religion and race obviously are not permissible bases on which to condition access to a deferral program. A more difficult question, though, is what role a defendant’s financial situation may play in the State’s decision to defer prosecution.
Community Service
Today’s post covers some of the details of community service as a criminal punishment in North Carolina.
Another New Conditional Discharge: Threats and False Reports of Mass Violence
By the end of the year, we’ll have another type of conditional discharge to add to the list collected in my previous post. The new conditional discharge is for certain defendants convicted of communicating threats of mass violence on educational property or at a place of worship, or for making a false report concerning mass violence on educational property.