A UNC School of Government Blog
The School of Government recently launched the Collateral Consequences Assessment Tool (C-CAT). But, what is a collateral consequence assessment tool? For that matter, what is a collateral consequence? The Collateral Consequences Assessment Tool, or C-CAT, is a web-based tool that centralizes the collateral consequences imposed under North Carolina law for a criminal conviction. A collateral … Read more
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In State v. Gorman, __ N.C. App. __ (June 19, 2012), a defendant received four suspended sentences on June 3, 2005, for a series of felony … Read more
Apparently the Supreme Court issued some sort of decision this week about broccoli, or health insurance, or something. But it wasn’t all mandates and Medicare: there were several significant criminal law developments in the news this week as well: Governor Perdue vetoed the bill that would have amended, or perhaps effectively repealed, the Racial Justice … Read more
My previous post summarized Miller v. Alabama, the Supreme Court’s recent case holding that a sentencing regime in which life without parole (LWOP) is mandatory for a murder committed by a defendant under age 18 violates the Constitution’s prohibition on cruel and unusual punishment. This post picks up where the previous one left off, discussing … Read more
Most people were disappointed that the Supreme Court did not release the health care ruling on Monday. I, on the other hand, was excited to read Miller v. Alabama, a case with important sentencing ramifications for many states, including North Carolina. In Miller, the Court held 5–4 that the Eighth Amendment forbids a sentencing scheme … Read more
Update: The court of appeals has withdrawn this opinion. I’ve had quite a few questions about the court of appeals’ recent decision in State v. Braswell, a case that imposes new procedural requirements on the state in certain misdemeanor appeals. This post will summarize and assess Braswell and will briefly address the prospects for further … Read more
As I explain in more detail here, notice and demand statutes allow the State to obtain a constitutional waiver of confrontation rights so that forensic lab reports and related items can be admitted without the presence of the preparer. Nevertheless, I get a lot of calls from panicked prosecutors wondering how they are going to … Read more
The biggest news locally this week was the General Assembly’s passage of S 416, which will dramatically alter, if not effectively repeal, the Racial Justice Act. I summarized the bill briefly last week and may have more to say about it if and when it becomes law. For now, it’s on the Governor’s desk, though … Read more
Two earlier posts (here and here) explore whether North Carolina’s implied consent statutes or the U.S. Constitution require that notice of implied consent rights be provided in language that a person speaks or understands. As those posts report, the answer is unclear. There are no North Carolina appellate court decisions on point and courts in … Read more
Every now and then someone asks about the significance of a trial judge’s commission. Just what is a judge’s commission, when is it needed, where does it come from, and what difference does it make? If a question about a commission is ever to arise, it most likely will be in superior court and is … Read more