This post summarizes opinions issued by the Court of Appeals of North Carolina on January 21, 2020.
Jamie Markham
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.
Twenty-Five Year Reviews of Life Without Parole Sentences Are Underway
Under a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed during that window are entitled to a judicial review after 25 years of imprisonment. I wrote about it here a few years ago, noting that the window for reviews would open in late 2019. Here we are.
No Appeal of Revocation of Deferred Prosecution Probation
The Court of Appeals recently held in State v. Summers that a defendant has no right to appeal when deferred prosecution probation is revoked.
Case Summaries – N.C. Court of Appeals (11/5/2019)
This post summarizes opinions issued by the Court of Appeals of North Carolina on November 5, 2019.
New Rules for Safekeepers
A new law, already in effect as of October 1, 2019, makes some important changes to the process for transferring certain inmates from the county jail to the State prison system for medical or mental health treatment—commonly referred to as safekeepers.
Prior Record Level: What a Defendant Can and Cannot Stipulate To
Under G.S. 15A-1340.14(f), a defendant’s prior convictions can be proved by stipulation of the parties. And they often are. But that doesn’t mean every aspect of a person’s prior record level can be proved by stipulation. Today’s post collects the rules for what a defendant can and cannot stipulate to.
Assess Court Costs Once for All Related Charges Adjudicated Together
When a defendant has multiple charges adjudicated together in the same hearing or trial, and those charges arose from the same underlying event or transaction, the court should assess costs only once. That’s the new rule according to State v. Rieger, a case recently decided by the court of appeals.
A Quarter-Century of Structured Sentencing
The governor has proclaimed today, October 1, 2019, as Structured Sentencing Day. It has been 25 years since North Carolina’s primary sentencing law for felonies and misdemeanors came into effect. Let’s take a moment to reflect on a quarter-century of grid-based sentencing.