Today’s post shares my answers to some of the questions I have been asked related to the impact of the coronavirus pandemic on the correctional system. As you might imagine, many of those questions are focused on ways to reduce jail and prison populations.
Sentencing
The Correctional System Responds to COVID-19 (and Some Preliminary Thoughts on Minimizing Correctional Interactions)
Shea’s earlier post discussed the court system’s response to COVID-19. This post shares some related information from the state correctional system.
Does a “Prayer for Judgment Continued” Differ Very Much from a “Prayer for Judgment Granted”?
Once upon a time in the North Carolina courts, a prayer for judgment continued (PJC) could have a positive impact on a person’s future. Essentially, the prosecution would pray—that is, move—for entry of judgment, and the judge would continue the prayer and withhold judgment rather than granting the prayer and entering judgment. See State v. Griffin, 246 N.C. 680 (1957) (discussing procedure). Older cases recognized that a judge’s exercise of his or her authority to defer judgment in the interest of justice did not constitute a conviction. A PJC was thus treated like a prosecutor’s exercise of discretion in deferring prosecution. The deferral not only avoided imposition of sentence in the criminal case; it also meant that the matter did not count as a conviction in later, collateral proceedings. See Barbour v. Scheidt, 246 N.C. 169 (1957) (discussing treatment of PJCs). The Court of Appeals’ February 18, 2020 decision in Mace v. North Carolina Dept. of Insurance provides a reminder that times have changed and a PJC usually provides no protection from the collateral consequences of a conviction.
Intermediate Probation Conditions
I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated.
Implementing State v. Rieger: The One-Set-of-Costs-Per-Sentencing-Episode Rule
In State v. Rieger, ___ N.C. App. ___, 833 S.E.2d 699 (2019), the Court of Appeals held that court costs should be assessed only once for all related charges that are adjudicated together. I wrote about the case here. Today’s post looks at how the appellate courts have applied Rieger since it was decided last October.
Motion to Remit Monetary Obligations
In today’s post I’m sharing two draft forms with which a defendant might gather information about his or her financial situation and, based on that situation, request relief from various monetary obligations, including costs, fines, and restitution.
The Two First Step Acts
Judges, inmates, and others have asked me about the First Step Act, wondering whether it entitles certain defendants to a reduced sentence or an early release from prison. The confusing thing is that there are two First Step Acts—one federal, and one state. The federal First Step Act was signed into law in late 2018. North Carolina’s First Step Act did not become law.
A Conditional Discharge Is Not a Conviction for Purposes of the Federal Felon-in-Possession Law
In United States v. Smith, 939 F.3d 612 (4th Cir. 2019), the Fourth Circuit held that a defendant who received a conditional discharge for a prior felony was not “convicted” of that crime within the meaning of the federal felon-in-possession statute. He was therefore not a felon under that law, and thus not barred from possessing a firearm under it. The appellate court reversed his conviction. The case gives us an opportunity to review what we know (and don’t know) about the subsequent effect of conditional discharges and PJCs.
Twenty-Five Year Reviews of Life Without Parole Sentences Are Underway
Under a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed during that window are entitled to a judicial review after 25 years of imprisonment. I wrote about it here a few years ago, noting that the window for reviews would open in late 2019. Here we are.
No Appeal of Revocation of Deferred Prosecution Probation
The Court of Appeals recently held in State v. Summers that a defendant has no right to appeal when deferred prosecution probation is revoked.