North Carolina Criminal Law Blog

The continued supervision or imprisonment of hundreds of probationers and inmates is in question in light of State v. Sitosky, __ N.C. App. __, 767 S.E.2d 623 (2014), petition for discretionary review denied, __ N.C. __, 768 S.E.2d 847 (2015), and its interpretation of the probation tolling law. This post summarizes some of the latest developments related to the case.

Last year, I wrote this post asking whether the probation tolling law in former G.S. 15A-1344(d) survived a 2009 statutory change. In State v. Sitosky, decided on the last day of 2014, the court of appeals held that it does not.

I wrote previously (here and here) about the “donut hole” in the probation law regarding absconding. In short, due to a wrinkle in legislative effective dates, persons on probation for […]

Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell: The […]

In 2012, a person on supervised probation for an offense that occurred before December 1, 2011 moves to another state without permission. Months later he is arrested there and brought […]