A UNC School of Government Blog
The Supreme Court issued its opinion in Barber v. Thomas on Monday, upholding the manner in which the Federal Bureau of Prisons (BOP) calculates “good time credits” under 18 U.S.C. § 3624(b). That law says that a prisoner who is serving a term of imprisonment of more than 1 year can receive up to 54 … Read more
Under G.S. 15A-1343(b1)(10), a court may, in addition to the regular conditions of probation and any statutory special conditions, require a defendant to “[s]atisfy any other conditions determined by the court to be reasonably related to his rehabilitation.” Any ad hoc conditions must also bear a relationship to the defendant’s crime. State v. Cooper, 304 … Read more
I’ve heard a few recurrent questions recently regarding the imposition upon a defendant’s conviction of a $600 fee for support of the State Bureau of Investigation or for law enforcement purposes of a local government unit that operates a crime laboratory. First, is such a fee discretionary? Second, does it apply if the SBI laboratory … Read more
Jamie mentioned yesterday that the Supreme Court decided two important cases this week. Graham v. Florida, which Jamie covered yesterday, is the blockbuster, but United States v. Comstock is also worth discussing briefly. As I mentioned in a prior post, the issue in Comstock was the constitutionality of 18 U.S.C. § 4248. That statute allows … Read more
The Supreme Court of the United States issued two noteworthy opinions yesterday. In United States v. Comstock (a case that originated out of North Carolina) the Court reversed the Fourth Circuit and upheld the federal government’s power to civilly commit a mentally ill, sexually dangerous federal prisoner beyond the date he would otherwise be released … Read more
When an inmate is convicted of multiple crimes and given consecutive active sentences, does the order in which the judge stacks them matter? A number of people have told me they spend considerable time thinking about the way consecutive sentences are ordered, based on a concern that the order affects the way the Department of … Read more
In Part I of this post, I set out the rule from Bounds v. Smith that “the fundamental constitutional right of access to the courts requires prison authorities . . . to provid[e] prisoners with adequate law libraries or adequate assistance from persons trained in the law.” 430 U.S. 817, 828 (1977). I then surveyed … Read more
In 1977, in a case arising out of North Carolina, the Supreme Court of the United States held that “the fundamental constitutional right of access to the courts requires prison authorities . . . to provid[e] prisoners with adequate law libraries or adequate assistance from persons trained in the law.” Bounds v. Smith, 430 U.S. … Read more
I’ve been asked a couple of questions related to forfeiture lately, which has led me to realize that I don’t know much about it. So I’ll offer a little information below, and in exchange, will ask for some information from readers who know whether, and how, forfeiture is being used around the state. Forfeiture generally … Read more
Under G.S. 15A-1335, “[w]hen a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, which is more severe than the prior sentence less the portion … Read more