This post summarizes cases from the North Carolina Court of Appeals from March 3, 2020.
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Does a “Prayer for Judgment Continued” Differ Very Much from a “Prayer for Judgment Granted”?
Once upon a time in the North Carolina courts, a prayer for judgment continued (PJC) could have a positive impact on a person’s future. Essentially, the prosecution would pray—that is, move—for entry of judgment, and the judge would continue the prayer and withhold judgment rather than granting the prayer and entering judgment. See State v. Griffin, 246 N.C. 680 (1957) (discussing procedure). Older cases recognized that a judge’s exercise of his or her authority to defer judgment in the interest of justice did not constitute a conviction. A PJC was thus treated like a prosecutor’s exercise of discretion in deferring prosecution. The deferral not only avoided imposition of sentence in the criminal case; it also meant that the matter did not count as a conviction in later, collateral proceedings. See Barbour v. Scheidt, 246 N.C. 169 (1957) (discussing treatment of PJCs). The Court of Appeals’ February 18, 2020 decision in Mace v. North Carolina Dept. of Insurance provides a reminder that times have changed and a PJC usually provides no protection from the collateral consequences of a conviction.
News Roundup
As the Associated Press reports, movie producer Harvey Weinstein was convicted by a jury in New York this week of rape and sexual assault offenses against two women. The verdicts, accompanied by several acquittals on other offenses including on the most serious charges Weinstein faced – two counts of predatory sexual assault, came after five days of deliberation by a jury that indicated at times through notes to the presiding judge that it may deadlock on some counts. Weinstein was detained in custody following the verdict and is scheduled to be sentenced early next month, where he faces up to 25 years of imprisonment on the sexual assault offense and up to four years on the rape offense. Other sexual assault charges are pending against Weinstein in California. Allegations that Weinstein had engaged in a years-long pattern of sexual abuse in his position as a powerful Hollywood producer were widely seen as a touchstone moment in #MeToo movement when they became public in 2017. Keep reading for more news.
Intermediate Probation Conditions
I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated.
All Related Charges Are Transferred When One Felony in a Delinquency Case Is Transferred
I continue to receive questions about transferring from juvenile to criminal superior court cases involving allegations that 16-and 17-year-olds have engaged in certain criminal conduct. Recently I’ve been asked about the transfer process for offenses committed at ages 16 and 17 in cases that involve a series of charges that include Class A – G felonies, Class H and I felonies, and misdemeanors. Because the Juvenile Code prescribes differing procedures for transferring various classes of felonies and there is no transfer process for misdemeanor offenses, confusion is understandable. The key to understanding how to handle these cases is this: Once one felony is transferred, all other related charges, regardless of offense class, are automatically brought under the jurisdiction of the superior court. Why?
2019 North Carolina Conditions of Release Report
We previously produced information about the prevalence of secured bonds at the state and county level. In this report we update that work with 2019 data and look at changes in the imposition of financial and non-financial conditions in North Carolina. A few key takeaways from our research:
News Roundup
Criminal justice issues continued to capture the national news spotlight this week. On Tuesday, President Donald Trump granted clemency to eleven people, including former Illinois Governor Rod Blagojevich and former San Francisco 49ers owner Edward DeBartolo Jr. On Thursday, amidst ongoing drama involving President Trump and the U.S. Department of Justice, Roger Stone was sentenced to 40 months in prison for convictions related to obstructing a congressional investigation. Keep reading for more on these stories and other news.