A new case from the Supreme Court of North Carolina gives us a chance to revisit the issue of a defendant’s confrontation rights at a probation violation hearing.
probation
Absconding Continues to Come into Focus
Almost ten years after the Justice Reinvestment Act established a new statutory definition of absconding from probation, we’re starting to get a better sense of what behavior does and does not rise to the level of absconding.
Graphic Novels in Spanish
The School’s two graphic novels about how sentences are served have been translated into Spanish.
Another Case on Probation Hearings After Expiration
As the courts expand operations in the coming months, they’ll likely be holding probation violation hearings on cases where the probation period has already expired. A case decided by the Court of Appeals yesterday offers some insight into the type of findings needed to give a court jurisdiction to act.
Probation Issues Likely to Arise as the Courts Expand Operations
As Shea discussed on Monday, the court system will look to expand operations on June 1. Today’s post describes a few of the issues related to probation that are likely to arise in the months ahead.
No Appeal of Revocation of Deferred Prosecution Probation
The Court of Appeals recently held in State v. Summers that a defendant has no right to appeal when deferred prosecution probation is revoked.
State v. Morgan and Findings of Good Cause for a Hearing after Expiration
Under State v. Morgan, a case recently decided by the Supreme Court of North Carolina, a trial judge can’t act on a probation case after it has expired unless he or she makes a finding that there is “good cause shown and stated” to do so. In the short run, you’ll need to modify the forms to do it.
Does United States v. Haymond Impact Probation and Post-Release Supervision in North Carolina?
In United States v. Haymond, 139 S. Ct. 2369 (2019), a divided Supreme Court concluded that a federal statute was unconstitutional to the extent that it exposed the defendant to additional mandatory imprisonment based on a judicial finding that he had violated his supervised release. Does the case have implications for probation and post-release supervision hearings in North Carolina?
A Visit to Black Mountain
Last week, as part of the North Carolina Judicial College’s Correctional Facilities Tour (West), I visited the Black Mountain Substance Abuse Treatment Center for Women. Today’s post shares some things we learned about Black Mountain—North Carolina’s one and only state-run community-based residential substance abuse treatment program for women on probation or parole.