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?
Sentencing
Nonautomatic Sex Offender Registration
For the most part, if a defendant is convicted of a crime included in the list of reportable offenses, the defendant must register. But some crimes require registration only if the judge orders it. Today’s post summarizes what we know about the process for making that decision.
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.
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.
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.
The North Carolina First Step Act
A new law provides a limited possibility of sentencing and post-conviction relief for certain defendants convicted of drug trafficking.
Absconding Continues to Come into Focus
Almost ten years after the Justice Reinvestment Act established a new statutory definition of absconding from probation, we’re starting to get a better sense of what behavior does and does not rise to the level of absconding.
Graphic Novels in Spanish
The School’s two graphic novels about how sentences are served have been translated into Spanish.
An Update on Prisons and Jails as the Courts Expand Operations
As the court system expands operations this week, people have questions about the current status of the correctional system. Today’s post covers some of the things we know.
New Paper on Restitution
Today’s post shares a short paper on restitution that I recently prepared for the Conference of District Attorneys. I thought it might also be useful to other audiences.