February 2, 2016
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
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
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
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
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
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 […]
November 16, 2015
Suppose a defendant is convicted of a Class F–I felony that requires registration as a sex offender. He is also convicted as a habitual felon. When sentencing the defendant as […]
November 9, 2015
Today’s post shares a revised chart for determining the proper place of confinement for a criminal conviction. The chart is available here.
November 5, 2015
When a probationer has served three years of a probationary period greater than three years, the probation officer is required to bring the case before the court for a mandatory […]
October 29, 2015
When you can’t find what you’re looking for in North Carolina, you may have to extend your search out of state. Case in point: I’ve just discovered an opinion from […]