Whenever I teach about Structured Sentencing, I usually start by saying that the law covers most North Carolina crimes, with a few exceptions. Capital felonies and violent habitual felons have their own sentencing rules. And of course so does impaired driving. But a final exception carved out of Structured Sentencing in G.S. 15A-1340.10 is G.S. 130A-25, failure to comply with health control measures. I don’t typically spend much time on those rules, though, as there are only a handful of convictions under them in the state each year (seven in 2019). Now seemed like a good time to take a look.
Jamie Markham
FAQs about Coronavirus and the Correctional System
Today’s post shares my answers to some of the questions I have been asked related to the impact of the coronavirus pandemic on the correctional system. As you might imagine, many of those questions are focused on ways to reduce jail and prison populations.
The Correctional System Responds to COVID-19 (and Some Preliminary Thoughts on Minimizing Correctional Interactions)
Shea’s earlier post discussed the court system’s response to COVID-19. This post shares some related information from the state correctional system.
Intermediate Probation Conditions
I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated.
Implementing State v. Rieger: The One-Set-of-Costs-Per-Sentencing-Episode Rule
In State v. Rieger, ___ N.C. App. ___, 833 S.E.2d 699 (2019), the Court of Appeals held that court costs should be assessed only once for all related charges that are adjudicated together. I wrote about the case here. Today’s post looks at how the appellate courts have applied Rieger since it was decided last October.
Motion to Remit Monetary Obligations
In today’s post I’m sharing two draft forms with which a defendant might gather information about his or her financial situation and, based on that situation, request relief from various monetary obligations, including costs, fines, and restitution.
Proper Notice and Hearing on Judgments for Attorney Fees
Two recent cases from the Court of Appeals highlight a recurring issue related to money in criminal cases: the requirement to give a defendant notice and an opportunity to be heard before entry of a judgment for attorney fees.
The Two First Step Acts
Judges, inmates, and others have asked me about the First Step Act, wondering whether it entitles certain defendants to a reduced sentence or an early release from prison. The confusing thing is that there are two First Step Acts—one federal, and one state. The federal First Step Act was signed into law in late 2018. North Carolina’s First Step Act did not become law.
Case Summaries – N.C. Court of Appeals (1/21/2020)
This post summarizes opinions issued by the Court of Appeals of North Carolina on January 21, 2020.
A Conditional Discharge Is Not a Conviction for Purposes of the Federal Felon-in-Possession Law
In United States v. Smith, 939 F.3d 612 (4th Cir. 2019), the Fourth Circuit held that a defendant who received a conditional discharge for a prior felony was not “convicted” of that crime within the meaning of the federal felon-in-possession statute. He was therefore not a felon under that law, and thus not barred from possessing a firearm under it. The appellate court reversed his conviction. The case gives us an opportunity to review what we know (and don’t know) about the subsequent effect of conditional discharges and PJCs.