North Carolina Criminal Law

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 […]

Read post

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 […]

Read post

Today’s post covers some of the nuts and bolts of electronic house arrest (EHA). EHA is fairly self-explanatory: in lieu of traditional incarceration, a person is confined to his or […]

Read post

Most folks who are involved in appellate litigation and post-conviction motions know about G.S. 15A-1335. For those who don’t, it is a N.C. statute providing that when a conviction or […]

Read post

This is not a sports story – despite what the title may suggest. Besides, I am so over March Madness.  There was a little too much madness and not enough […]

Read post

Almost two years after the United States Supreme Court decided Miller v. Alabama, the question of whether the case applies retroactively to convictions that became final before it was decided […]

Read post

Or is it addendums? Take your pick. Regardless, today’s post covers some of the issues that arise when a probation officer files an addendum to a probation violation report. I’ll […]

Read post

When a person is convicted and sentenced, the sentence generally starts right away. G.S. 15A-1353(a). The judge can delay the start of the sentence, as discussed in this prior post, […]

Read post

Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock […]

Read post

As I’ve noted in prior posts, some people just want to serve their time in prison. For one reason or another, they do not want to be on probation. For […]

Read post