Anticipatory Bonds for Probation Violations
“Arrest on first positive drug screen. $50,000 secured bond.” “Hold without bond for any probation violation.” May a judge sentencing a defendant to probation include instructions such as these in […]
June 8, 2017
Judge Spainhour Stepping Down as Sentencing Commission Chair
After nearly 18 years at the helm, Judge Erwin Spainhour is stepping down as chairman of the North Carolina Sentencing and Policy Advisory Commission. Today’s post takes a moment to […]
June 1, 2017
Lifetime SBM without Lifetime Registration
The trial court’s order regarding sex offender registration and satellite-based monitoring (SBM) in State v. Johnson was wrong in part. But also right in part. But ultimately wrong.
May 25, 2017
Not All Warrantless Searches of Probationers Are “Directly Related” to Probation Supervision
Since 2009, all North Carolina probationers are subject to a regular condition of probation allowing warrantless searches of their person, vehicle, and premises by a probation officer. Under legislation passed […]
May 12, 2017
The Other Special Probation
Special probation is just the statutory term for a split sentence, right? Right. Usually. Did you know there’s another “special probation” tucked away in Chapter 90?
May 9, 2017
Capital Punishment Update
Later this week, a group of superior court judges will gather at the School of Government to participate in a course on handling capital cases. In preparation for my role […]
April 20, 2017
Jail Credit Applied to Split Sentences
When imposing a split sentence, the court has a choice to make about what to do with whatever pretrial jail credit the defendant might have in the case. Apply it […]
April 7, 2017
Understanding Consecutive Felony Sentences: The Floor, the Ceiling, and the Roof
Consecutive sentences can be madness. Today’s post will—I hope—give you a championship-caliber understanding of how they are administered.
April 3, 2017
Moore v. Texas: The Supreme Court Presses States to Comport with the Evolving Medical Understanding of Intellectual Disability
Last week, the Supreme Court of the United States decided Moore v. Texas, the third major case the Court has decided about intellectual disability (formerly, mental retardation) and the death […]
March 31, 2017
Clerks of Superior Court Go to Prison (for a Tour)
Last week, a group of clerks of superior court visited the North Carolina Correctional Institution for Women and the Combined Records section of the Department of Public Safety. The tours […]
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