News Roundup
Nationally, the biggest criminal law story of the week was the decision by a federal judge in California declaring the state’s death penalty unconstitutional. The case is Jones v. Chappell, […]
Work Release
Most people can get behind the idea that inmates should, if able, do some sort of work during their incarceration. By statute, “[i]t is declared to be the public policy […]
Limits on the Use of Statements of Charges in Superior Court
This week, the court of appeals decided a case that is a good reminder about the limits of the State’s authority to address problems in charging documents by filing a […]
Ramp Meters: They Just May Alter Your Life
As a regular I-40 commuter, I feel like traffic jams are the story of my life. And it is obvious I’m not alone. But there may be hope. Legislation enacted […]
U.S. Senators Support “Raise the Age”
Just weeks after the NC House passed bipartisan legislation to “raise the age” of juvenile court jurisdiction to 17 for misdemeanor offenses (HB 725), US Senators Rand Paul (R-KY) and […]
News Roundup
Locally, the big criminal justice news was former UNC basketball player P.J. Hairston getting a criminal summons. He allegedly punched a high school basketball player during a pickup game at […]
Counting Joined Offenses for Prior Record Points
Before Structured Sentencing we had Fair Sentencing. Under Fair Sentencing, there was no such thing as “prior record level,” but a prior conviction could qualify as an aggravating factor, exposing […]
Court of Appeals Rules on Prior Convictions from New Jersey
Last month, the court of appeals decided State v. Hogan, __ N.C. App. __, 758 S.E.2d 465 (2014), a case about the use of a defendant’s prior convictions from New […]
Criminal Charges for Random Gunfire
A man in Charlotte was struck by a stray bullet on July 4th. The police say that “it appears that it was not an intentional shooting but that someone . […]
Is There a Tolling Donut Hole?
I wrote previously (here and here) about the “donut hole” in the probation law regarding absconding. In short, due to a wrinkle in legislative effective dates, persons on probation for […]