Today’s post is a conversation between Jamie Markham (JM) and Kristen Rosselli (KR), Chief Operating Officer at TROSA. We’ve been getting a lot of questions about how TROSA and other substance use disorder treatment programs are operating during the pandemic, so I thought I would go straight to the source to learn more. This post should not be viewed as an endorsement of TROSA in particular—it just happens to be one of the largest programs in the state, and the one about which I get the most inquiries. As always, my goal is to share up-to-date information so you can make informed decisions for the defendants, clients, and cases that come before you.
Jamie Markham
Case Summaries: N.C. Court of Appeals (Feb. 1, 2022)
This post summarizes criminal decisions from the North Carolina Court of Appeals published on February 1, 2022. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries: N.C. Court of Appeals (Nov. 2, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals published on November 2, 2021. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Revisions to North Carolina’s Satellite-Based Monitoring Law
After years of litigation concerning the constitutionality of satellite-based monitoring (SBM) of sex offenders, the General Assembly has amended the law pretty dramatically. Today’s post describes those changes.
Case Summaries: N.C. Court of Appeals (August 3, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on August 3, 2021. As always, these summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
2020 Cumulative Supplement to North Carolina Crimes Available
The latest cumulative supplement to North Carolina Crimes is now available. It incorporates legislation enacted and cases decided through December 31, 2020. You can buy the book here. Purchase of the supplement includes free unlimited access to the online version of Crimes from the time of purchase until May 1, 2022. Online access is granted … Read more
Case Summary: Jones v. Mississippi
In Miller v. Alabama, 567 U.S. 460 (2012), the Supreme Court held that a person who commits a homicide when he or she is under 18 may not be mandatorily sentenced to life without parole; the sentencing judge must have discretion to impose a lesser punishment. In Montgomery v. Louisiana, 577 U.S. 190 (2016), the Court held that Miller applies retroactively. When Montgomery was decided, I wondered (here) whether it did more than merely address Miller’s retroactive application. Language in the case indicated that a sentence of life without parole would be constitutionally permissible for only the most the most troubling young defendants—“those whose crimes reflect permanent incorrigibility.” Id. at 209. In Jones v. Mississippi, 593 U.S. ___ (2021), decided last week, the Court made clear that the Constitution does not require a sentencer to make a separate factual finding of permanent incorrigibility before sentencing a defendant to life without parole.
Case Summaries – Supreme Court of North Carolina (April 16, 2021)
This post summarizes criminal decisions released by the Supreme Court of North Carolina on April 16, 2021.
Case Summaries: N.C. Court of Appeals (Feb. 2, 2021)
This post summarizes published criminal decisions from the North Carolina Court of Appeals released on February 2, 2021. Gabrielle Supak and Jamie Markham prepared these summaries. As always, they will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to present.
Case Summaries – N.C. Court of Appeals (Oct. 20, 2020)
This post summarizes opinions issued by the Court of Appeals of North Carolina on October 20, 2020.