Interstate Probation Cases
Article 1, section 10 of the Constitution—the Compacts Clause—authorizes two or more states to enter into agreements or compacts with one another, provided they have the consent of Congress. Dozens […]
March 11, 2010
New Substance Abuse Treatment Center for Female Probationers
A longstanding lament of the corrections community in North Carolina has been the lack of a residential substance abuse treatment center for female probationers and parolees. In other words, there […]
March 9, 2010
Incompetent to Serve a Sentence?
In Ford v. Wainwright, 477 U.S. 399 (1986), the Supreme Court held that “the Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who […]
March 5, 2010
Restitution to Governmental Agencies
Last month the court of appeals decided State v. Mauer, an animal cruelty case. The defendant, Barbara Mauer, was charged with misdemeanor cruelty to animals after Cumberland County animal control […]
February 1, 2010
Decriminalizing Certain Offenses to Reduce Appointed Counsel Costs
The Office of Indigent Defense Services (IDS) is studying data related to the disposition of seventeen types of misdemeanor charges during the 2009 fiscal year to determine whether decriminalization of […]
January 21, 2010
Improper Periods of Probation
I haven’t done any sort of official tally, but I think the most common sentencing error in North Carolina might be sentencing the defendant to an improper period of probation. […]
January 15, 2010
News Roundup (Sort of)
There have been several interesting criminal law new stories this week. I want to focus mainly on one with a local connection, but I’ll note briefly this New York Times […]
January 13, 2010
Sentence Reduction Credits and Parole for DWI Inmates
Last April, I wrote a post touching on the sentence reduction credit rules applicable to DWI inmates. In short, DWI inmates fall under the same “good time” credit rules applicable […]
January 4, 2010
Stipulations to Questions of Law for Sentencing Purposes
Defendants often stipulate to prior convictions for the purpose of establishing their prior record level. Form AOC-CR-600, the prior record level/prior conviction level worksheet, includes a section (Section III, at […]
December 21, 2009
Level 3, 4 and 5 Punishment in Impaired Driving Cases
I wrote here about grossly aggravating factors (GAFs) and Level One and Two punishment in impaired driving cases sentenced under G.S. 20-179, leaving discussion of Level Three, Four, and Five […]
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