Hearsay at Probation Violation Hearings

A recent case from the Supreme Court of North Carolina appears to have relaxed the limits on the use of hearsay at a probation violation hearing. The case also sheds light on the persistent question of whether a pending criminal charge may be considered as a violation of probation. In State v. Murchison, the defendant … Read more

Modifying a Sentence upon Revocation of Probation

When a person’s probation is revoked, his or her suspended sentence is generally activated in the same manner in which it was entered by the sentencing judge. But a lot can happen—both good and bad—in the time between sentencing and revocation, and sometimes a change is in order. This post considers the extent of a … Read more

Intellectual Disability, IQ Scores, and the Death Penalty

Yesterday, the United States Supreme Court decided Hall v. Florida, a case about the death penalty and intellectual disability. It’s an important case with implications for North Carolina. Background. In Atkins v. Virginia, 536 U.S. 304 (2002), the Court prohibited the imposition of the death penalty on mentally retarded defendants. The Court indicated that it … Read more

Releasing Jail Inmates to Limit Medical Expenses

The county is generally responsible for the cost of emergency medical care for jail inmates. G.S. 153A-224(b). It’s not always clear what constitutes an emergency, but state regulations include things like “severe bleeding, unconsciousness, serious breathing difficulties, head injury, severe pain, suicidal behavior or severe burns.” 10A N.C. Admin. Code 14J.0101(14). The rules also mention … Read more

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Preventing Impaired Driving

The General Assembly convened earlier today for its short session. While lawmakers’ primary focus doubtless will be the state budget, the legislature may again consider ways to address the persistent problem of impaired driving.  Among the bills eligible for consideration this session is House Bill 41, which would amend the State’s license restoration laws to … Read more

No Revocation Solely for Conviction of a Class 3 Misdemeanor

When I talk about the “commit no criminal offense” probation condition, it’s almost always about one particular issue. May a pending charge (or even uncharged conduct) be considered as a violation of that condition? Or must there be a conviction for that offense before it may be considered? I talk about that issue at length … Read more

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Top 3 Questions About Level A1 DWI Sentences

The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1.  A defendant convicted of driving while impaired is subject to sentencing at Level A1 if three or more grossly aggravating factors apply.  G.S. 20-179(c). Typically, defendants sentenced at this level are repeat offenders, though it is … Read more

Extraordinary Mitigation

Extraordinary mitigation—or, more precisely, dispositional deviation for extraordinary mitigation—under G.S. 15A-1340.13(g) is a way for the court to impose a probationary sentence for a defendant whose offense class and prior record level ordinarily require an active sentence. The provision was included in Structured Sentencing as a counterbalance to the habitual felon law, although the latter … Read more

Sentencing Smartphone App Available

The School of Government’s mobile app for Structured Sentencing is available for download. The version for Apple devices—iPhone and iPad—is in the iTunes App Store, linked here. (You’ll need at least an iPhone 4, running iOS7.) The Android version is in the Google Play store, here. Both versions are free. The app will help you … Read more