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Jail Credit for Consolidated Sentences

My colleague Jamie Markham and I have received quite a few questions lately about jail credit for consolidated sentences. Jamie has written several blog posts over the years explaining the various jail credit laws. However, there are no statutes or case law that govern the peculiar scenarios that come up regarding consolidated sentences.

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The Impact of COVID-19 on Sentencing

While the suspension of jury trials caused by the pandemic has slowed the work of the criminal courts, judges across the state continue to sentence defendants who enter guilty pleas. The prospect of their clients facing prison time during the pandemic has spurred defense attorneys to consider what arguments might be made during sentencing proceedings with respect to the heightened danger of a defendant contracting COVID-19 in a correctional facility.

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New AOC Form for Relief from Monetary Obligations

The Administrative Office of the Courts has issued a new form, AOC-CR-415, through which a person can make a motion for relief from costs, fines, and other monetary obligations. The form also doubles as the order through which a judge can rule on the motion.

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Jail Credit for Functionally Consecutive Sentences

Suppose a defendant is being held on two charges, Charge A from County A and Charge B from County B. He was arrested for both at the same time and has been held on both for the same number of days. For whatever reason, Charge A is handled first (perhaps because County A has managed to resume pandemic court operations more quickly than County B), and let’s say it results in a sentence to time served. If Charge B ultimately results in a conviction, can the defendant receive jail credit for the days of pretrial confinement that were already applied to Charge A?

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Update: COVID-19 and State Habeas Corpus

In an earlier bulletin, I discussed the possibility that state habeas petitions could emerge as a remedy for medically vulnerable prisoners in North Carolina, as they have in other states (most notably New York). While it remains too early to tell how North Carolina courts will respond, there have been some important developments in recent weeks, as a number of prisoners have asked courts to consider their petitions. This post explores the status of two of those cases and related legal issues regarding the viability of state habeas as a remedy for prisoners uniquely endangered by COVID-19.

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New Legislation on Sex Offender Registration for Out-of-State Offenses

In a post last year, here, I discussed some of the issues related to sex offender registration for out-of-state offenses. Among other things, I noted a federal case in which a registrant challenged the constitutionality of North Carolina’s process (or, really, lack of process) for determining whether a conviction from another state is substantially similar to a North Carolina crime requiring registration. A subsequent case prompted a legislative change that is the main subject of today’s post.

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Case Summaries – North Carolina Court of Appeals (July 7, 2020)

This post summarizes published criminal opinions of the Court of Appeals decided on July 7, 2020.

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