A UNC School of Government Blog
G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe than the prior sentence less the … Read more
Unquestionably the most shocking story of the week comes from Wake County, where an assistant district attorney’s father was kidnapped, apparently at the behest of an inmate the prosecutor had helped put away for life. The father was held for five days while his family received death threats, but he was rescued in Atlanta and … Read more
As a criminal lawyer, Durham resident, and Duke alumnus, I followed the Duke lacrosse case with more than a casual interest. Now, years after the fact, there’s a new book about it. The Price of Silence, by William D. Cohen, is available on Amazon for about $25. It purports to be “the definitive, magisterial account … Read more
Today’s post covers some of the nuts and bolts of electronic house arrest (EHA). EHA is fairly self-explanatory: in lieu of traditional incarceration, a person is confined to his or her residence by way of an electronic monitor that signals authorities if he or she departs. The focus here is on EHA as a component … Read more
Most folks who are involved in appellate litigation and post-conviction motions know about G.S. 15A-1335. For those who don’t, it is a N.C. statute providing that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the … Read more
WRAL just published this fascinating story, about North Carolina prisoners’ access to reading materials, the grounds on which access to reading materials can be denied – such as that the materials are sexually explicit, encourage gang activity, or promote violence or “disorder” – and the procedure through which such denials may be appealed. There are … Read more
This week, the court of appeals decided State v. Price, an interesting gun rights and Fourth Amendment case. Facts. The defendant was standing in a forest, near a deer stand, holding a rifle, in full camouflage, when a wildlife officer approached him. The officer asked the defendant for his hunting license, under the license check … Read more
Two elected district attorneys resigned mid-term yesterday: Colon Willoughby in Wake County (to move into private practice), and Jerry Wilson in Watauga and four other mountain counties (citing medical reasons). When an elected DA resigns, the governor is empowered to appoint an interim DA until the next election. N.C. Const. art. IV, § 19. Sometimes … Read more
Almost two years after the United States Supreme Court decided Miller v. Alabama, the question of whether the case applies retroactively to convictions that became final before it was decided continues to be a thorny one for the nation’s courts. Miller held that under the Eighth Amendment a sentencing scheme that mandates life without parole … Read more
The top story of the week concerns Patrick Cannon, who was the mayor of Charlotte until he was arrested Wednesday on federal corruption charges. He resigned his post, as the News and Observer reports in detail here. Some commentators are predicting a trial, with the defense arguing either (a) entrapment or (b) that there was … Read more