A UNC School of Government Blog
Yesterday’s post was about the prior record point that applies when all the elements of the offense being sentenced are included in one of the defendant’s prior offenses. Today’s post is about the other sentencing bonus point, which applies when the offense being sentenced was committed while the defendant was on probation, parole, or post-release … Read more
In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One is for defendants being sentenced for crimes committed while they were probation, parole, or post-release supervision; serving a sentence of imprisonment; or on escape. G.S. … Read more
Cyclist Lance Armstrong has recently confessed to using performance enhancing drugs during each of his seven Tour de France victories. Public discussion has focused on whether his apology, during an interview with Oprah Winfrey, was genuine or not. I want to consider whether his conduct was criminal. (By “conduct,” I mean the doping and related … Read more
Just as the snow has been battering the mountains, the recession has been battering the courts. So says this article on NC Policy Watch, which summarizes the impact: “[C]lose to $80 million in budget cuts over four years; 638 full-time employees cut through vacancy management and actual losses, including magistrates and district attorney support staff; … Read more
Kelvin Wilson’s DWI case made the front page of Lawyer’s Weekly last January. Wilson was arrested for impaired driving in Winston-Salem and taken to the hospital. When he physically resisted having his blood drawn, a police officer sat on him to facilitate the extraction. The blood evidence was suppressed (with the State’s agreement) at Wilson’s … Read more
I’m not buying a lottery ticket this week. The court of appeals’ opinion in State v. McKenzie, published yesterday, casts serious doubt on my wagering skills. And if my wagers are this suspect when I make an educated guess, I don’t want take on the odds in a game of chance. McKenzie holds, over a … Read more
Diminished capacity is among the most commonly asserted defenses, particularly in first-degree murder cases, but I realized yesterday that I had never blogged about it. Today, I will remedy that. Here’s what you need to know. Generally, negates specific intent. Diminished capacity, first recognized in the case of State v. Shank, 322 N.C. 243 (1988), … Read more
Happy New Year! I feel like I spent most of 2012 talking about Justice Reinvestment. Let’s start 2013 with a more agreeable subject—like sex offenders. In one of its final rulings of 2012, the court of appeals held in State v. Daniels that a portion of the law limiting where some registered sex offenders may … Read more
New Governor Pat McCrory may be more focused on economic policy than on the courts and criminal justice, but he’s still done several things in his first days in office that might interest readers, like rescinding Governor Perdue’s executive order creating a judicial nominating commission; naming former legislator – and former probation officer – David … Read more
In a post here I discussed a view of the person. In this post I’ll address the more common issue of a jury view. A trial judge may allow a jury view. G.S. 15A-1229(a). Typically it is of a crime scene but it can involve viewing large evidence that cannot be presented in the courtroom, … Read more