Another Batch of Satellite-Based Monitoring Cases
Jamie Markham
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 17, 2009
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 […]
Read post "Another Batch of Satellite-Based Monitoring Cases"November 9, 2009
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 […]
Read post "The New Felony Sentencing Grid"November 5, 2009
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 […]
Read post "Sentencing in Impaired Driving Cases"October 29, 2009
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 […]
Read post "Waiving Probation Supervision Fees"October 26, 2009
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 […]
Read post "Ignition Interlock for All"October 23, 2009
Suppose a defendant is convicted of a crime and the judge wants to (or, in a “C” or “C/I” cell in the sentencing grid, has to) suspend the sentence. Can […]
Read post "Electing to Serve a Sentence"October 21, 2009
I’ll get to the topic of today’s post in just a moment, but first I wanted to note what I found to be a fascinating little tidbit about the Willingham […]
Read post "Should Child Pornography Offenders Forfeit Their Homes?"October 16, 2009
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 […]
Read post "Does Mandatory AA/NA Violate the First Amendment?"October 9, 2009
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, […]
Read post "Proper Notice for SBM Determinations: State v. Stines"October 7, 2009
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 […]
Read post "More Satellite-Based Monitoring Cases, Another Dissent"