appointment of counsel

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A Fine Sentence for Class 3 Misdemeanors

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I thought I’d take a few minutes and jot down some questions and answers about the new fine-only punishment scheme for Class 3 misdemeanors for many defendants (enacted as part of the 2013 Appropriations Act). Several hours later—after thinking about the different permutations, reading several cases, talking with patient colleagues, and pondering further—I came up … Read more

Magistrates Appointing Counsel?

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Last term, the United States Supreme Court decided Rothgery v. Gillespie County, available here.  As most folks likely know, before Rothgery, North Carolina law held that a defendant’s Sixth Amendment right to counsel “attached” when the defendant had his first appearance before a district court judge.  After Rothgery, it’s clear that the right attaches at … Read more