Articles in the Sentencing category - Page 36 of 63

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]