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.
Jamie Markham
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.
New AOC Form for Relief from Monetary Obligations
The Administrative Office of the Courts has issued a new form, AOC-CR-415, through which a person can make a motion for relief from costs, fines, and other monetary obligations. The form also doubles as the order through which a judge can rule on the motion.
Serving Time for an Unpaid Fine or Costs When Time Has Already Been Served
If a defendant has fully served a term of imprisonment, can he or she be further imprisoned for not paying a fine or costs?
Jail Credit for Functionally Consecutive Sentences
Suppose a defendant is being held on two charges, Charge A from County A and Charge B from County B. He was arrested for both at the same time and has been held on both for the same number of days. For whatever reason, Charge A is handled first (perhaps because County A has managed to resume pandemic court operations more quickly than County B), and let’s say it results in a sentence to time served. If Charge B ultimately results in a conviction, can the defendant receive jail credit for the days of pretrial confinement that were already applied to Charge A?
Nonautomatic Sex Offender Registration
For the most part, if a defendant is convicted of a crime included in the list of reportable offenses, the defendant must register. But some crimes require registration only if the judge orders it. Today’s post summarizes what we know about the process for making that decision.