News Roundup (Sort of)
Jeff Welty
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 15, 2010
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 […]
Read post "News Roundup (Sort of)"January 13, 2010
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 […]
Read post "Sentence Reduction Credits and Parole for DWI Inmates"January 4, 2010
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 […]
Read post "Stipulations to Questions of Law for Sentencing Purposes"December 21, 2009
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 […]
Read post "Level 3, 4 and 5 Punishment in Impaired Driving Cases"December 17, 2009
The principal probation reform bill (S.L. 2009-372 [S 920], summarized here) went into effect on December 1. Since then, I’ve received a number of questions about it, many of them […]
Read post "Drug Testing of Probationers as a Warrantless Search"December 9, 2009
I have noted in numerous prior posts (most recently, here) that the statutes governing satellite-based monitoring (SBM) determination hearings (G.S. 14-208.40A and -208.40B) are unclear as to whether the court […]
Read post "Aggravated Offenses: Elements Only"December 3, 2009
The United States Supreme Court recently decided Porter v. McCollum, a capital case in which the defendant claimed that his lawyer performed ineffectively at the penalty phase of his trial. […]
Read post "Porter and Ineffective Assistance of Counsel at Capital Sentencing Hearings"November 30, 2009
Editor’s note: Tom Tynan is an alumnus of Duke University Law School, a recent federal judicial clerk, and a soon-to-be associate at a large law firm. He spent several months […]
Read post "Forcible Medication and the Death Penalty"November 23, 2009
A while ago, Alyson Grine and I wrote a post about consecutive sentences for misdemeanors. In it, we discussed the rule that when a court elects to impose consecutive sentences […]
Read post "Consecutive Sentences for Misdemeanors"November 20, 2009
Editor’s note: This post has been revised slightly in response to a helpful comment from a reader. A district court session usually lasts one day, so many court actors have […]
Read post "District Court is in Session . . . But for How Long?"