A UNC School of Government Blog
Shea Denning summarized S.L. 2011-191, Laura’s Law, in a prior post. To recap, the law adds a new punishment level for impaired driving sentencing, Aggravated Level One (hereinafter Level A1), for situations in which three or more grossly aggravating factors apply. Today’s post picks up on some of the points Shea mentioned in her earlier … Read more
A recent question prompted me to research when a superior court judge should instruct the jury on a lesser included offense. The general standard is that a judge should do so if “the evidence would permit a jury rationally to find [the defendant] guilty of the lesser offense and acquit him of the greater.” State … Read more
Crime against nature is usually an “add on” to other charged sexual assaults, such as forcible or statutory sexual offense and indecent liberties with a child. In this post, I’ll address several aspects of the offense that keep tripping lawyers up. First, what’s covered by the offense? The statute makes it a Class I felony … Read more
G.S. 14-415.1 makes it unlawful for “any person who has been convicted of a felony to . . . possess . . . any firearm,” with limited exceptions. In State v. Garris, 191 N.C. App. 276 (2008), the court of appeals held that a defendant may be “convicted and sentenced only once for possession of … Read more
Although the furor about the Casey Anthony trial has generally died down, I am going back to the well one more time, because of this New York Times story. Briefly, the prosecution presented evidence at trial from the designer of computer forensic software called CacheBack, which the police had used to examine Anthony’s computer. He … Read more
I mentioned in my previous post that the Justice Reinvestment Act (JRA) is not the only new legislation that impacts post-release supervision (PRS). This post looks at S.L. 2011-307, which changes the way PRS applies to sex offenders. (I also mentioned that I would talk about post-release supervision for certain impaired drivers under Laura’s Law, … Read more
Earlier this month, the court of appeals decided State v. Joe, __ N.C. App. __ (2011) (Stephens, J.). A Winston-Salem officer was patrolling a drug-infested apartment complex at 2:00 in the afternoon. The defendant was standing by the corner of a building in the complex, and when he saw the officer approach in his vehicle, … Read more
Under existing law, only Class B1 through E felonies get post-release supervision (PRS). They are released from prison “on the date equivalent to [their] maximum imposed prison term less nine months, less any earned time,” G.S. 15A-1368.2(a), and their period of supervision in the community is generally 9 months. For sex offenders, period of supervision … Read more
New legislation this year creates a handful of new homicide and assault crimes protecting unborn children. S.L. 2011-60. The term “unborn child” “means a member of the species homo sapiens, at any stage of development, who is carried in the womb.” G.S. 14‑23.1. The new crimes, which apply to offenses committed on or after December … Read more
TV news broadcasts often start with sensational celebrity news that may not be tremendously substantive. I’ll follow suit and highlight this AP profile of Casey Anthony defense lawyer Jose Baez. He has a GED, ran two failed bikini companies before going to law school, and after graduation took eight years (!) to be admitted to … Read more