Under G.S. 15A-1346(b), a sentencing court has the authority to order a probationary sentence to run consecutively to an undischarged term of imprisonment. Probation officers refer to that as a “contingent” sentence, because for them, it is—the start of the probation is contingent on the person’s release from prison. A contingent probationary sentence can be helpful when, for example, a defendant owes a lot of restitution, and the court wants to make sure there’s plenty of time on probation remaining after the defendant finishes any active sentences. To be clear, this is not a matter of whether the suspended term of imprisonment, if revoked, will run concurrently with or consecutively to some other term of imprisonment. This is about when the period of probation itself begins. A recent Court of Appeals decision changes things.
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A man is scheduled to be executed by firing squad this evening, which would be the first firing squad execution in the United States in the last 15 years. On Wednesday, Brad Sigmon’s final appeal to the South Carolina Supreme Court was denied. In South Carolina, death row inmates may choose between firing squad, lethal injection, and electrocution. Sigmon said he felt forced to choose execution by firing squad over lethal injection because of a lack of information about the drugs used and the “fear of a tortuous death.” He also said he didn’t choose electrocution because he didn’t want to suffer “by being cooked alive.” Sigmon’s attorneys attempted to delay the execution to get a fuller hearing in court to learn more information about the drugs used in lethal injection, but their request was denied. Sigmon plans to ask Governor Henry McMaster for his sentence to be commuted, although no South Carolina governor has granted clemency since the death penalty restarted in 1976. Read on for more criminal law news.
State v. Fearns Finds Second Judge Lacked Authority to Enter Order When Hearing Was Held by First Judge
A few weeks ago, I wrote about the circumstances in which one judge may pick up case-related duties that another judge is unable to complete. Yesterday, the court of appeals decided a case in this area, determining in State v. Fearns, COA23-650, ___ N.C. App. ___ (2025), that a judge lacked authority to enter an order denying a defendant’s motion to dismiss when the hearing on that motion was held by another judge. This post will discuss Fearns.
News Roundup
We have covered the extensive post-conviction and appellate proceedings of Richard Glossip’s death sentence many times before on the blog (most recently here). Glossip has been on death row in Oklahoma since his 1998 conviction for allegedly orchestrating the brutal killing of a hotel owner. On Tuesday, the U.S. Supreme Court granted Glossip a new trial after finding that the prosecution knowingly failed to correct false and misleading testimony at trial. Specifically, the prosecution knew its star witness, Sneed, was lying when he denied having seen a psychiatrist and denied having been prescribed lithium, a medicine typically used to treat severe mental illnesses. Sneed admitted to killing the victim and agreed to testify against Glossip in exchange the State taking the death penalty off the table for Sneed’s role in the crime. According to the 5-3 majority: “Correcting Sneed’s lie would have undermined his credibility and revealed his willingness to lie under oath. . . Hence, there was a reasonable likelihood that correcting Sneed’s testimony would have affected the judgment of the jury.” Justices Alito and Thomas dissented, while Justice Barrett concurred and would have sent the case back to the Oklahoma appellate court (Justice Gorsuch recused himself from the case). If tried again, it would be Glossip’s third capital trial related to the killing. SCOTUSblog has the story here, or you can read the case for yourself here. Read on for more criminal law news.
New Juvenile Capacity Law: Court Forms and Forensic Evaluators
Beginning with offenses committed on or after January 1, 2025, new laws are in effect regarding the standard and procedures for addressing juvenile capacity to proceed. The new statutes can be found in G.S. 7B-2401-2401.5. You can find blogs about the details of the new standard and procedures here and here. This major revision to the law of juvenile capacity to proceed required new court forms and a new process for credentialing juvenile forensic evaluators. This post details those new structures.
News Roundup
Seven men are charged with stealing millions from the homes of six professional athletes across the country, as reported by NPR. Court documents do not identify the victims by name, but the details are consistent with reported burglaries at the homes of Patrick Mahomes and Travis Kelce of the Kansas City Chiefs and Joe Burrow of the Cincinnati Bengals. CNN adds that the suspects were apprehended after taking a selfie discovered by the FBI. Read on for more criminal law news.
Children and Consent Searches
Some time ago, I received an email from a researcher asking whether a minor may consent to the search of his or her cell phone. The question made me realize how little I knew about children’s authority to consent to searches more generally. So I cracked some law books, and wrote this post as a primer for anyone who may be as uninformed as I was.
News Roundup
After a two-week evidentiary hearing last February, and closing arguments delivered in August, Superior Court Judge Wayland Sermons Jr. issued a 120-page order concluding that racism significantly affected the 2009 Johnston County trial of Hasson Bacote that resulted in the imposition of the death penalty. Bacote first challenged his sentence fifteen years ago under the now-repealed Racial Justice Act. In his order, Judge Sermons stated that the evidence showed a “consistent picture of the role race has played in jury selection throughout Johnston County and Prosecutorial District 11, and in the capital cases tried by [the] prosecutor…” After Governor Cooper commuted Bacote’s sentence to life imprisonment last December, it was unclear what would happen with the pending litigation. Judge Sermons evidently concluded that it was appropriate to make a ruling, stating that the voluminous “statistical, cultural, historical, social science, and other evidence produced in the [Bacote] case” would serve as a guide to courts considering the particular facts of future cases. Attorneys for the State said they planned to appeal the ruling.
Read on for more criminal law news.
Jail Credit During a Pending Post-Release Supervision Violation
There are about 10,000 people on post-release supervision (PRS) in North Carolina. Some of them get charged with a new crime. That new charge usually prompts the issuance of a PRS warrant. And when a person is arrested on one of those, it is generally understood that there is no entitlement to bail. So, even if the new charge is relatively minor, the post-release supervisee will often be held in jail until the new charge is resolved. A question that comes up again and again is whether the defendant is entitled to jail credit against the new conviction for the time spent detained on the pending PRS violation.