In United States v. Haymond, 139 S. Ct. 2369 (2019), a divided Supreme Court concluded that a federal statute was unconstitutional to the extent that it exposed the defendant to additional mandatory imprisonment based on a judicial finding that he had violated his supervised release. Does the case have implications for probation and post-release supervision hearings in North Carolina? Continue reading →
Under G.S. 15A-1340.14(d), when a defendant has more than one prior conviction from a “single superior court during one calendar week,” only the most serious of them counts for prior record points for felony sentencing. What is a “single superior court”? Continue reading →
Some of you have probably seen the School’s bench card on Criminal Monetary Obligations (it is available here). It may sometimes be helpful as a background reference, but it’s not set up in a way that helps a court put the law into action.
Sometimes prayer for judgment is continued on a serious (Class B1–E) felony conviction to give a defendant time to demonstrate good behavior before sentencing. What happens if that PJC extends beyond the time limitations set out in G.S. 15A-1331.2? Does the court lose jurisdiction to enter judgment in the case and sentence the defendant? Continue reading →
Another stop on the recent North Carolina Judicial College Correctional Facilities Tour was the Burke CRV Center in Morganton. Today’s post shares what we learned about defendants ordered to serve 90 days of confinement in response to violation for a technical violation of probation or post-release supervision. Continue reading →
Last week, as part of the North Carolina Judicial College’s Correctional Facilities Tour (West), I visited the Black Mountain Substance Abuse Treatment Center for Women. Today’s post shares some things we learned about Black Mountain—North Carolina’s one and only state-run community-based residential substance abuse treatment program for women on probation or parole. Continue reading →