The Split Is Part of the Probation
Probation that includes incarceration is “special probation.” But it’s still probation.
Storycorps: DWI Edition
On Fridays, National Public Radio features recordings from its Storycorps booth. These recordings sometimes feature a teacher and student, a parent and child, spouses, or a single person discussing a […]
Weighing Aggravating and Mitigating Factors
Much has been written—and much of it by the Supreme Court—on the proper way to find aggravating factors for sentencing. After Apprendi v. New Jersey, Blakely v. Washington, and countless cases at […]
Book Review: Just Mercy
A few years ago, I attend the Judicial Conference of the Fourth Circuit, where I heard Bryan Stevenson speak. The address was captivating. Stevenson spoke of representing the wrongly accused […]
News Roundup
The SOG is closed for a holiday tomorrow, so the News Roundup is coming to you a day early. This week’s top news story is the bombing of the airport […]
State v. Miller Confirms that the DWI Motions Statutes are a Hot Mess
No, Justice Ervin didn’t use the words hot mess. But anyone who slogs their way through the tortured procedural swamp that led to State v. Miller, __ N.C. __ (March […]
North Carolina Supreme Court Affirms Post-Rodriguez Court of Appeals Ruling in State v. Warren
Last April, 2015, the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), significantly limited the scope of a traffic stop. The Court ruled that […]
Court of Appeals Rules that Ignorance of the (Pseudoephedrine) Law Is an Excuse
Last week, the North Carolina Court of Appeals reversed a defendant’s conviction under G.S. 90-95(d1)(1)(c), which makes it unlawful to “[p]ossess a pseudoephedrine product if [a] person has a prior […]
News Roundup
President Obama announced that he has selected Merrick B. Garland as his nominee for the vacant seat on the Supreme Court. The New York Times has an overview article about […]
Alleging a “Commit No Criminal Offense” Probation Violation
Can a probationer be revoked for a violation of the “commit no criminal offense” probation condition if the violation report alleges only that the person has been charged with a crime?