May 12, 2014
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 […]
May 7, 2014
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 […]
May 5, 2014
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 […]
May 1, 2014
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 […]
April 28, 2014
A probationer is entitled to a hearing on an alleged probation violation, unless the hearing is waived. G.S. 15A-1345(e). What does it mean to waive a probation violation hearing? As […]
April 22, 2014
I was on spring break last week, which meant I had lots of time for uninterrupted reading while my kids entertained themselves at the pool. Okay, maybe not. Despite being […]
April 21, 2014
G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new […]
April 15, 2014
The state supreme court heard oral argument yesterday in two cases concerning the Racial Justice Act. In the first case, Superior Court Judge Gregory Weeks struck down the death sentence […]
April 14, 2014
G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new […]
April 10, 2014
The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors […]