Two Recent Cases on Sentence Administration
Two recent cases—one from the North Carolina Court of Appeals and one from the United States Court of Appeals for the Fourth Circuit—resolve questions of sentence administration that I’ve written […]
May 30, 2012
License Revocations and Limited Driving Privileges for High-Risk Drivers
I wrote here about several types of driver’s license revocations that can result from a person being charged with and convicted of impaired driving under G.S. 20-138.1 as well as […]
May 24, 2012
Justice Reinvestment and the “Commit no Criminal Offense” Probation Condition
Under the Justice Reinvestment Act (S.L. 2011-192), for probation violations occurring on or after December 1, 2011, the court may only revoke a person’s probation for a violation of the […]
May 22, 2012
Notice of Aggravating Factors Under G.S. 20-179
Last July, Jamie Markham provided this refresher on aggravating factors in structured sentencing cases in which he discussed, among other provisions, the requirement that the State provide a defendant with […]
May 10, 2012
Consecutive Sentences for Misdemeanors Sentenced at Different Times
In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length […]
May 9, 2012
Another Look at the DWI Super-Aggravator in G.S. 20-179(c)(4)
Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for […]
May 2, 2012
DWI Parole: How Does It Really Work?
A few months ago, I taught a session on DWI sentencing to a group of judges. As part of that session, I reviewed the rules for determining the parole-eligibility of […]
April 26, 2012
Men Behaving Very Badly
As part of its ongoing coverage of the John Edwards trial, The News and Observer reported today that Edwards’ lawyer cross-examined former Edwards aide Andrew Young by reading from pages […]
April 25, 2012
Advanced (Un)Supervised Release
In this earlier post I wrote about Advanced Supervised Release (ASR), a new program created by the Justice Reinvestment Act (JRA) that allows certain defendants to be released from prison […]
April 11, 2012
Re-sentencing under G.S. 20-38.7: Who Gets It and What’s Game for Consideration?
I’ve written before about the General Assembly’s enactment of G.S. 20-38.7 to prevent defendants from manipulating the procedure for appealing district court convictions to superior court in order to escape […]
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