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 […]
October 24, 2019
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 […]
October 17, 2019
On Probation: A New Graphic Novel
We wrote another comic book. This one is about probation.
October 11, 2019
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 […]
October 1, 2019
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. […]
September 13, 2019
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 […]
August 30, 2019
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 […]
August 15, 2019
Nonresident Registrants
In a previous post I wrote about the complexities of putting people on North Carolina’s sex offender registry for crimes committed in another state—including how a federal court found the […]
August 1, 2019
Sex Offender Registration for Out-of-State Offenses
There are about 25,000 people on North Carolina’s sex offender registry. Over 8,000 of them are registered for crimes committed in other states or in federal court. There are issues.
July 26, 2019
Stipulations to the Classification of Prior Convictions for Possession of Drug Paraphernalia
Prior record level calculations would be pretty straightforward—if the law never changed.
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