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. Continue reading →
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. Continue reading →
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. Continue reading →
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. Continue reading →
The Court of Appeals recently held inState v. Summersthat a defendant has no right to appeal when deferred prosecution probation is revoked. Continue reading →
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. Continue reading →
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? Continue reading →
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. Continue reading →