When CRV Is Worse than Revocation
Some felony probationers ordered to serve a period of confinement in response to violation (CRV) wind up spending more time behind bars than they would have if their probation been […]
February 15, 2016
Special Sentencing Rules
Aside from a few notable exceptions (impaired driving, drug trafficking, and first-degree murder), most North Carolina crimes are sentenced under Structured Sentencing. Some crimes have additional sentencing wrinkles—a kind of […]
February 11, 2016
Talking about Sentencing at Trial
It’s like Fight Club: the first rule of talking about sentencing at trial is don’t talk about sentencing at trial.
February 4, 2016
All the Possible Sentences
Let’s brainstorm all the possible sentences for a Prior Record Level I defendant convicted of two Class H felonies. I’ll go first, listing my thoughts roughly from most to least […]
February 2, 2016
Interpreting Sex Offender Consequence Laws: Contact with Minors
A few years ago I began tracking and compiling the consequences that attach to an offense subject to sex offender registration (a registrable offense). In preparation for an upcoming course, […]
January 26, 2016
Miller v. Alabama Applies Retroactively (and Then Some?)
The Supreme Court held Monday that the rule from Miller v. Alabama, 567 U.S. __ (2012), applies retroactively. In Miller, the Court held that a sentencing regime that makes life without parole mandatory […]
January 14, 2016
The “Evidence Necessary to Prove an Element” Limitation on Aggravating Factors
Under G.S. 15A-1340.16(d), “[e]vidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation.” The general idea behind that rule is to […]
January 7, 2016
Barlow Strikes Back
After Justice Reinvestment, all North Carolina felonies are predicate felonies for certain federal purposes. That was the Fourth Circuit’s recent conclusion in United States v. Barlow. The decision significantly rolls […]
December 10, 2015
Jail Credit in DWI Cases
Last week I got drawn into a discussion about a North Carolina local government official convicted of DWI. The question was whether he was getting “special treatment” when his 60-day […]
November 30, 2015
New Sentencing Handbook Available
The 2015-2016 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids is available from the School of Government. Like previous editions, it contains instructions on felony sentencing, misdemeanor sentencing, and […]
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