Alleging Aggravating Factors in a DWI Prosecution
A defendant charged in district court with the misdemeanor crime of driving while impaired cannot ascertain from the charging document whether he is subject to sentencing at Level A1 (the […]
February 5, 2014
Presumptive Sentences in DWI Cases
Author’s Note: The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here. How can a sentencing factor found by a judge that […]
July 21, 2011
Changes to Post-Release Supervision for Sex Offenders
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 […]
November 23, 2010
Confrontation Rights Apply at Sentencing in Noncapital Cases
In 2002, David Hurt pled guilty to second-degree murder. Over the next several years his case bounced back and forth between the trial and appellate courts based on problems with […]
March 17, 2009
Juvenile Adjudications . . . Aggravating
An article in last Saturday’s paper talked about Governor Perdue’s proposed changes to the probation system. Part of her plan would give probation officers access to probationers’ juvenile records, which […]
February 4, 2009
Consecutive Sentences, Not Put on Ice
A number of people have asked me whether the United States Supreme Court’s recent opinion in Oregon v. Ice (07-901) has any impact on North Carolina sentencing law. The short […]
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