August 14, 2013
Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post […]
August 8, 2013
Improper counting of a defendant’s prior out-of-state convictions is a common sentencing error. This post collects the law on the subject, including the many appellate cases decided over the past […]
July 31, 2013
Which of the following defendants may be sentenced to “time served” (choose all that apply)? A. A felony defendant with 5 months of jail credit sentenced to 6–17 months. B. […]
July 11, 2013
Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory […]
July 8, 2013
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 […]
June 26, 2013
The Justice Reinvestment Act became law in 2011. S.L. 2011-192. Even before its initial effective date it was amended in 2011 by a technical corrections act. S.L. 2011-412. It was […]
May 9, 2013
It’s been over two years since I recorded my first video blog post. With the help of School of Government multimedia developer Jamar Jones, I prepared another one for today. […]
April 29, 2013
I read an article this morning from the Washington Post about how some inmates are using the online consumer review site Yelp to rate jails and prisons. It’s an interesting […]
April 11, 2013
I recently completed a draft of a bulletin on probation violations. It is working its way through our internal review process. In the meantime, I thought I would post it […]
April 8, 2013
Who proves prior convictions for sentencing purposes? By statute, the State. Sometimes, however, in the fast-paced world of district court, marshaling a defendant’s criminal record can seem like a shared […]