Forfeiture (May 3, 2010)
Jeff Welty
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 […]
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May 3, 2010
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 […]
READ POST "Forfeiture (May 3, 2010)"April 27, 2010
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 […]
READ POST "Resentencing on Remand: G.S. 15A-1335 Applied to Multiple Convictions (April 27, 2010)"April 15, 2010
I wrote about satellite-based monitoring (SBM) of sex offenders ten times in 2009. The court of appeals’ recent decision in State v. Phillips gives me my first occasion to write […]
READ POST "Satellite-Based Monitoring: Aggravated Offenses Revisited (April 15, 2010)"April 8, 2010
Under G.S. 14-7.6, when a defendant is sentenced as a habitual felon, his sentence “shall run consecutively with and shall commence at the expiration of any sentence being served” by […]
READ POST "Concurrent Sentencing of Habitual Felons (April 8, 2010)"April 7, 2010
Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for […]
READ POST "Restitution to Victims of Unconvicted Conduct (April 7, 2010)"March 22, 2010
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 […]
READ POST "Interstate Probation Cases (March 22, 2010)"March 11, 2010
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 […]
READ POST "New Substance Abuse Treatment Center for Female Probationers (March 11, 2010)"March 9, 2010
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 […]
READ POST "Incompetent to Serve a Sentence? (March 9, 2010)"March 5, 2010
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 […]
READ POST "Restitution to Governmental Agencies (March 5, 2010)"February 1, 2010
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 […]
READ POST "Decriminalizing Certain Offenses to Reduce Appointed Counsel Costs (February 1, 2010)"