A UNC School of Government Blog
Last July, Jamie Markham provided this refresher on aggravating factors in structured sentencing cases in which he discussed, among other provisions, the requirement that the State provide a defendant with written notice of its intent to prove aggravating factors. A reader requested that we follow up by discussing the related notice provision in G.S. 20-179(a1). … Read more
In a prior post on this topic, I began outlining some impermissible types of jury argument. In this post, I’ll continue that discussion with the following additional listing of improper argument: Religious Arguments. The N.C. Supreme Court has repeatedly cautioned against jury arguments based on religion, see, e.g., State v. Barden, 356 N.C. 316 (2002), … Read more
Well, this is embarrassing. “Orange-Chatham District Attorney Jim Woodall has asked the State Bureau of Investigation to . . . probe . . . UNC-Chapel Hill’s African and Afro-American Studies program, following findings of academic fraud by a university review, according to the News and Observer. The former chair of the department was allegedly paid … Read more
In my previous post I wrote about In re Hamilton, a recent appellate case involving petitions to terminate sex offender registration. In Hamilton, the court of appeals held that a trial court erred when it found under G.S. 14-208.12A that removing a person convicted of indecent liberties with a minor from the sex offender registry … Read more
A recent case from the court of appeals sheds some light on a frequently asked question about petitions for removal from the sex offender registry. The case, In re Hamilton, considered a trial court’s refusal to grant a petition because granting it would not comply with the federal Jacob Wetterling Act, as amended, and other … Read more
A new edition of Volume Two of the North Carolina Defender Manual has just been released. Volume Two addresses trial issues, from jury selection through verdict and beyond. It also covers guilty pleas, motions to dismiss, and other important topics. (Volume One covers pretrial proceedings — a new edition of that volume is apparently in … Read more
In a prior post on this topic, I addressed permissible jury argument. In this post and one that follows [editor’s note: coming next week], I address impermissible argument. The courts have identified several types of arguments that are improper. They include: Abusive Arguments. During a closing argument a lawyer may not become abusive. G.S. 15A-1230(a); … Read more
The lead story from last week’s news roundup is back again: Chapel Hill’s ban on using cell phones while driving. It appears from this News and Observer story that Superior Court Judge Orlando Hudson has now granted a preliminary injunction against the ordinance, extending the temporary restraining order he issued previously. A hearing on the … Read more
In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length of the sentences of imprisonment for consecutive misdemeanor sentences may not exceed twice the maximum sentence authorized for the class and prior conviction level of … Read more
Last summer I wrote this post about amendments to the fourth grossly aggravating factor applicable to sentencing for impaired driving, namely the factor in G.S. 20-179(c)(4) that elevates punishment for driving while impaired with a child in the vehicle. Amendments effective for offenses committed on or after December 1, 2011 render this factor applicable if … Read more