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 […]
August 13, 2009
Absconding from Probation
What does it mean to “abscond” from probation supervision? “Absconder” is not defined statutorily; rather, it is defined in Division of Community Corrections (DCC) policy as “an offender who is […]
August 11, 2009
News Roundup
There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]
August 7, 2009
Summary of Probation Reform Bill
The General Assembly has passed several interesting pieces of legislation recently, but none are more consequential than S 920, the probation reform bill signed by Governor Perdue last week. I […]
August 5, 2009
Double Punishment but No Double Jeopardy
Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]
July 31, 2009
News Roundup
Several recent news stories that may be of interest: 1. Governor Perdue just signed S 920, which makes substantial changes to the probation laws. For example, it requires all probationers […]
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