Changes to Post-Release Supervision on the Way
Under existing law, only Class B1 through E felonies get post-release supervision (PRS). They are released from prison “on the date equivalent to [their] maximum imposed prison term less nine […]
July 14, 2011
Delegated Authority in Probation Cases
I was at a meeting at the Department of Correction yesterday talking about some of the changes made by the Justice Reinvestment Act (JRA, summarized here). One of the big […]
July 13, 2011
Laura’s Law
In yesterday’s post, Jeff mentioned Laura’s Law, which increases the maximum punishment for impaired driving. Today’s post discusses those provisions in more detail. S.L. 2011-191, dubbed Laura’s Law in recognition […]
July 7, 2011
Table of Maximum Permissible Punishments
For a variety of reasons, it is sometimes helpful to know the maximum punishment applicable to a particular type of offense. For instance, when charging a defendant with possession of […]
July 6, 2011
A Refresher on Aggravating Factors in Structured Sentencing Cases
The Supreme Court of the United States decided Blakely v. Washington in 2004, holding that any fact (other than a prior conviction) that increases a defendant’s sentence beyond the prescribed […]
June 30, 2011
The Justice Reinvestment Act: An Overview
The Governor signed the Justice Reinvestment Act (S.L. 2011-192 (H 642)) into law last week. It makes substantial changes to the law of sentencing and corrections in North Carolina—easily the […]
June 27, 2011
DWLR as a Grossly Aggravating Factor for DWI Sentencing
Grossly aggravating or just grossly confusing? When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing […]
June 23, 2011
The SORNA-Compliance Dog That Didn’t Bark
Back in April I wrote this post about a pending bill (H 772) that was intended to bring North Carolina into compliance with the federal Sex Offender Registration and Notification […]
June 16, 2011
What Not to Do in an Impaired Driving Case (Post II)
The first post in this series discussed State v. Taylor. This one recounts the what not to do lessons from last week’s court of appeals’ decision in State v. Petty […]
June 15, 2011
Options for Pregnant Inmates
One of my colleagues recently tipped me off to a great article in the Journal of the American Medical Association by Dr. Jennifer G. Clarke entitled Perinatal Care for Incarcerated […]
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