Does Mandatory AA/NA Violate the First Amendment?
The First Amendment says, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” There are two […]
October 9, 2009
Proper Notice for SBM Determinations: State v. Stines
I mentioned earlier that the court of appeals decided two satellite-based monitoring cases this week. I discussed State v. Morrow on Wednesday. Today I’ll cover State v. Stines. In Stines, […]
October 7, 2009
More Satellite-Based Monitoring Cases, Another Dissent
It seems like every batch of new opinions from the court of appeals includes at least one case on satellite-based monitoring (SBM) of sex offenders. Yesterday’s batch had two. State […]
October 2, 2009
I’m Ready to Conduct a Satellite Monitoring Determination Hearing . . . Now What?
Regular readers know the court of appeals has decided a lot of cases recently dealing with satellite-based monitoring (SBM) of sex offenders. Though many issues remain undecided, my sense is […]
September 30, 2009
Extending Probation
How long can a defendant be on probation for a single conviction? A. Five years. B. Eight years. C. It depends. The best answer is C. A judge can sentence […]
September 18, 2009
The Unwelcome Prayer for Judgment Continued
Defendants are generally pretty happy to get a PJC. When a judge continues prayer for judgment the defendant avoids punishment and is often able to sidestep a car insurance rate […]
September 8, 2009
State v. Wagoner, Satellite-Based Monitoring, and the Ex Post Facto Issue Revisited
Last week the court of appeals decided State v. Wagoner, its latest case involving satellite-based monitoring (SBM) of sex offenders. Mr. Wagoner, who had previously been convicted of multiple reportable […]
September 2, 2009
Nonstatutory Mitigating Factors
After my earlier post about nonstatutory aggravating factors, a reader took me up on my offer to write about nonstatutory mitigating factors. In addition to the twenty mitigating factors spelled […]
August 26, 2009
Melendez-Diaz and Limited Privileges
If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation […]
August 24, 2009
Nonstatutory Aggravating Factors
By special request, this post recaps the law of nonstatutory aggravating factors. Under G.S. 15A-1340.16(d), the State may, in addition to the 25 statutory aggravating factors set out in that […]
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