In United States v. Smith, 939 F.3d 612 (4th Cir. 2019), the Fourth Circuit held that a defendant who received a conditional discharge for a prior felony was not “convicted” of that crime within the meaning of the federal felon-in-possession statute. He was therefore not a felon under that law, and thus not barred from possessing a firearm under it. The appellate court reversed his conviction. The case gives us an opportunity to review what we know (and don’t know) about the subsequent effect of conditional discharges and PJCs.
Sentencing
Twenty-Five Year Reviews of Life Without Parole Sentences Are Underway
Under a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed during that window are entitled to a judicial review after 25 years of imprisonment. I wrote about it here a few years ago, noting that the window for reviews would open in late 2019. Here we are.
No Appeal of Revocation of Deferred Prosecution Probation
The Court of Appeals recently held in State v. Summers that a defendant has no right to appeal when deferred prosecution probation is revoked.
New Rules for Safekeepers
A new law, already in effect as of October 1, 2019, makes some important changes to the process for transferring certain inmates from the county jail to the State prison system for medical or mental health treatment—commonly referred to as safekeepers.
Prior Record Level: What a Defendant Can and Cannot Stipulate To
Under G.S. 15A-1340.14(f), a defendant’s prior convictions can be proved by stipulation of the parties. And they often are. But that doesn’t mean every aspect of a person’s prior record level can be proved by stipulation. Today’s post collects the rules for what a defendant can and cannot stipulate to.
Assess Court Costs Once for All Related Charges Adjudicated Together
When a defendant has multiple charges adjudicated together in the same hearing or trial, and those charges arose from the same underlying event or transaction, the court should assess costs only once. That’s the new rule according to State v. Rieger, a case recently decided by the court of appeals.
A Quarter-Century of Structured Sentencing
The governor has proclaimed today, October 1, 2019, as Structured Sentencing Day. It has been 25 years since North Carolina’s primary sentencing law for felonies and misdemeanors came into effect. Let’s take a moment to reflect on a quarter-century of grid-based sentencing.
Satellite-Based Monitoring Is Unconstitutional for All Unsupervised Recidivists
The Supreme Court of North Carolina held in State v. Grady, ___ N.C. ___ (2019), that satellite-based monitoring (SBM) of sex offenders is unconstitutional as applied to any unsupervised person who was ordered to enroll in SBM solely because he or she is a recidivist. By unsupervised, the court meant a person not on probation, parole, or post-release supervision. Today’s post takes a closer look at the Grady decision and what it may mean for North Carolina’s SBM program going forward.
State v. Morgan and Findings of Good Cause for a Hearing after Expiration
Under State v. Morgan, a case recently decided by the Supreme Court of North Carolina, a trial judge can’t act on a probation case after it has expired unless he or she makes a finding that there is “good cause shown and stated” to do so. In the short run, you’ll need to modify the forms to do it.