Aggravated Offenses: Elements Only
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 […]
December 3, 2009
Porter and Ineffective Assistance of Counsel at Capital Sentencing Hearings
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. […]
November 30, 2009
Forcible Medication and the Death Penalty
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 […]
November 23, 2009
Consecutive Sentences for Misdemeanors
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 […]
November 20, 2009
District Court is in Session . . . But for How Long?
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 […]
November 17, 2009
Another Batch of Satellite-Based Monitoring Cases
The last round of opinions from the court of appeals included three related to satellite-based monitoring (SBM) of sex offenders. None of them broke any major new ground, but two […]
November 9, 2009
The New Felony Sentencing Grid
For the first time since 1995 we have a new felony punishment chart for Structured Sentencing. Two pieces of legislation from the past session, S.L. 2009-555 and S.L. 2009-556, made […]
November 5, 2009
Sentencing in Impaired Driving Cases
I first encountered North Carolina’s impaired driving sentencing scheme several years ago when I worked as an Assistant Federal Public Defender for the Eastern District of North Carolina. I represented […]
October 29, 2009
Waiving Probation Supervision Fees
Under G.S. 15A-1343(c1), defendants placed on supervised probation must pay a monthly supervision fee of $30, unless exempted by the court. That exemption may only be granted for good cause […]
October 26, 2009
Ignition Interlock for All
The New York Times published this editorial last week advocating that all people convicted of impaired driving – including first-time offenders – be required to install ignition interlocks in their […]
Subscribe
Categories
Blog Authors
- Maggie Bailey (3)
- Brittany Bromell (88)
- Emily Coward (8)
- Alexander Cowell (3)
- Melanie Crenshaw (2)
- Michael Crowell (7)
- Shea Denning (637)
- Sara DePasquale (9)
- Phil Dixon (199)
- James Drennan (1)
- Belal Elrahal (32)
- Whitney Fairbanks (1)
- Bob Farb (46)
- Rebecca Fisher-Gabbard (2)
- Jacquelyn Greene (78)
- Alyson Grine (16)
- Timothy Heinle (7)
- Jonathan Holbrook (56)
- Joseph L. Hyde (53)
- Kirsten Leloudis (1)
- Caitlin Little (1)
- Ian Mance (3)
- Jamie Markham (558)
- Chris McLaughlin (1)
- Kristi Nickodem (4)
- Alex Phipps (86)
- M. Jeanette Pitts (2)
- LaToya Powell (7)
- Ethan Rex (3)
- John Rubin (96)
- Jessica Smith (253)
- Meredith Smith (5)
- Daniel Spiegel (42)
- Tom Thornburg (6)
- Hannah Turner (11)
- Christopher Tyner (262)
- Jeff Welty (1204)