Consecutive Sentences for Misdemeanors (a Quiz!)

by School of Government faculty members Jamie Markham and Alyson Grine Suppose Ronald is convicted of six counts of communicating threats, a Class 1 misdemeanor. Ronald has three prior convictions, making him prior conviction level II. The facts are bad and the sentencing judge wants to max Ronald out with the longest sentence allowable. What … Read more

More Montejo, Mostly

Update: Another statistical analysis of Judge Sotomayor’s work in criminal cases appears here. The conclusion — that she’s pretty close to the middle of the road — is the same as the conclusion in the McClatchy story I referenced originally, but the figures are very different, showing that she has ruled in favor of the … Read more

Montejo v. Louisiana

Two big developments at the United States Supreme Court. First, President Obama nominated Judge Sonia Sotomayor to replace Justice David Souter. The New York Times story is here, some News and Observer coverage is here, and SCOTUSblog has some interesting tidbits here. This post will focus not on Judge Sotomayor — who, most think, won’t … Read more

Petitions to Terminate Sex Offender Registration (Part II)

The other day I posted my thoughts about the “Jacob Wetterling” provision in G.S. 14-208.12A.  While that provision raises what I think are the most difficult questions related to petitions to terminate sex offender registration, they are by no means the only questions. Here are some others (along with my best attempt to answer them, … Read more

News Roundup

Although I have a couple of more scholarly posts ready to go, there have been enough intriguing news stories over the past several days that I couldn’t resist doing another news roundup. First, returning to a topic I blogged about here, a Texas inmate has just been convicted of having a cell phone in prison … Read more

Executions to Resume?

Several developments this week week have brought North Carolina much closer to resuming executions. The last execution in the state took place in August 2006.  Since then, we’ve had a de facto moratorium, because of three related pieces of litigation. First, defense lawyers argued that lethal injection was a cruel and unusual method of execution. … Read more

Computer Searches and the Scope of Consent

Most readers of this blog know (1) that a search done pursuant to consent doesn’t violate the Fourth Amendment, but (2) that the scope of search is limited by the terms of the consent.  Thus, if Ollie Officer asks Sam Suspect whether he can search Sam’s house for the body of Vickie Victim, and Sam … Read more

News Roundup

Several stories of interest to readers of this blog have appeared over the last several days.  First, the Winston-Salem Journal, in an editorial available here, is asking the General Assembly to take a close look at the death penalty, and to impose a moratorium while it does so.  Of course, as the editorial notes, we … Read more