State v. Gorman and Improper Extensions of Probation
Jamie Markham
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]
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July 2, 2012
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]
READ POST "State v. Gorman and Improper Extensions of Probation"June 28, 2012
My previous post summarized Miller v. Alabama, the Supreme Court’s recent case holding that a sentencing regime in which life without parole (LWOP) is mandatory for a murder committed by […]
READ POST "Miller v. Alabama: Implications for North Carolina"June 27, 2012
Most people were disappointed that the Supreme Court did not release the health care ruling on Monday. I, on the other hand, was excited to read Miller v. Alabama, a […]
READ POST "Miller v. Alabama"June 14, 2012
Under G.S. 15A-1340.50, a judge may issue a permanent no contact order prohibiting a sex offender from coming into contact with the victim of his or her offense. According to […]
READ POST "No Contact Orders for Sex Offenders"June 6, 2012
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 […]
READ POST "Two Recent Cases on Sentence Administration"May 30, 2012
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 […]
READ POST "License Revocations and Limited Driving Privileges for High-Risk Drivers"May 24, 2012
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 […]
READ POST "Justice Reinvestment and the “Commit no Criminal Offense” Probation Condition"May 22, 2012
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 […]
READ POST "Notice of Aggravating Factors Under G.S. 20-179"May 10, 2012
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 […]
READ POST "Consecutive Sentences for Misdemeanors Sentenced at Different Times"May 9, 2012
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 […]
READ POST "Another Look at the DWI Super-Aggravator in G.S. 20-179(c)(4)"