A UNC School of Government Blog
In a post here Jamie discussed whether a defendant who was sentenced under the Fair Sentencing Act (FSA) can successfully bring a motion for appropriate relief asserting that he or she is entitled to “retroactive” application of the provisions of Structured Sentencing Law (SSL). Jamie posited—correctly as it turns out—that the answer to this question … Read more
The New Hanover County courthouse was closed yesterday to deal with “bedbugs . . . discovered by court personnel,” the News and Observer reports here. Yuck. In other news: 1. The General Statues posted on the General Assembly’s website are now current though January 5, 2012, so they’re essentially completely up to date. They’re certainly … Read more
In a post here, Jeff updated you on the dueling superior court decisions on whether G.S.14-306.4—the internet sweepstakes ban—is constitutional or not. The Court of Appeals recently resolved the conflict, holding, over a dissent, that the statute is an unconstitutionally overbroad regulation of free speech. So at least for now, internet sweepstakes operations are good … Read more
As most readers know, sentencing for most misdemeanor and felony convictions in North Carolina is governed by the structured sentencing provisions set forth in Article 81B of Chapter 15A of the General Statutes. See G.S. 15A-1340.10. The misdemeanor offense of impaired driving as defined in G.S. 20-138.1 and several related offenses, however, are excepted from … Read more
The School of Government is considering whether to enter the world of smartphone and tablet apps as a vehicle for conveying legal information. Given my love of gadgets, you can imagine how enthusiastic I am about this possibility! For example, we could develop an app that would serve as a mobile legal reference for law … Read more
Suppose a defendant is indicted on charges of trafficking, possession with intent to manufacture, sell and deliver, possession of drug paraphernalia, and simple possession. Suppose further that the defendant enters into a plea agreement with the State. Under the terms of the plea agreement, the defendant will plead guilty to one count of misdemeanor possession; … Read more
There’s a lot going on this week! The removal hearing in Durham concerning District Attorney Tracey Cline has ended, with Superior Court Judge Robert Hobgood promising a decision Friday morning. The dispute over consent searches in Fayetteville has taken a new turn, with a judge entering a temporary restraining order requiring the city to lift … Read more
A while ago I wrote this post about the “single sentence rule,” the statutory directive that tells the Division of Adult Correction (DAC) how to administer consecutive sentences. Under G.S. 15A-1354(b), if a defendant is subject to consecutive sentences, the prison system treats him as though he has been committed for a single, aggregate term. … Read more
There’s a popular video game — or really, series of video games — called Grand Theft Auto. And many states have a crime called grand theft auto, or have some other theft offense that is specific to motor vehicles. In fact, according to this handy chart from the National Conference of State Legislatures, it appears … Read more
Since the start of the new year, I’ve been meaning to return to the court of appeals’ December 2011 opinion in State v. Clowers, __ N.C. App. __ , 720 S.E.2d 430 (2011), to explore the application of the defenses of automatism and involuntary intoxication to charges of impaired driving. Two months later, I’ve finally … Read more