A UNC School of Government Blog
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 responsibility, with the prosecutor, judge, and clerk all playing a role. Especially today, when more statewide information is available at a mouse click through CJLEADS … Read more
The Supreme Court of North Carolina decided Lovette v. Department of Correction last Friday. The case has nothing to do with Laurence Lovette—the man found guilty of killing UNC student body president Eve Carson—whose case was also recently before our appellate courts (discussed here). Rather, it concerned Clyde Vernon Lovette and fellow petitioner Charles Lynch, … Read more
As expected, the number of people on post-release supervision (PRS) is on the rise. After Justice Reinvestment, all felons with offense dates on or after December 1, 2011 who serve active time receive PRS. The legislature projected that the addition of PRS for Class F-I felons would increase the number of post-release supervisees from 2,000 … Read more
Sometimes, after being convicted and sentenced to jail or prison, a defendant asks for a little time to get his or her affairs in order before the sentence begins. Can the court delay the start of the sentence? Under G.S. 15A-1353(a), “[u]nless otherwise specified in the order of commitment, the date of the order is … Read more
Can a probation officer arrest a person being supervised pursuant to a deferred prosecution agreement or G.S. 90-96 judgment? I’ve been asked that question a lot lately. I suspect it is coming up more often now that G.S. 90-96 is mandatory for consenting defendants. The short answer, in my opinion, is that when a probation … Read more
Earlier in the week, the court of appeals decided State v. Lovette, the appeal of one of the defendants convicted of killing UNC student body president Eve Carson. The case has been covered widely in the media, including the Daily Tar Heel. The court of appeals found no error in Laurence Lovette’s convictions for first-degree … Read more
Yesterday’s post was about the prior record point that applies when all the elements of the offense being sentenced are included in one of the defendant’s prior offenses. Today’s post is about the other sentencing bonus point, which applies when the offense being sentenced was committed while the defendant was on probation, parole, or post-release … Read more
In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One is for defendants being sentenced for crimes committed while they were probation, parole, or post-release supervision; serving a sentence of imprisonment; or on escape. G.S. … Read more
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more
Thanksgiving is my favorite holiday. It puts me in a good mood. I suspect that certain holidays put other people — like judges — in a good mood, too. And there’s some evidence that judges’ sentencing decisions are influenced by factors similar to mood, like the widely-reported study showing that tired judges deny parole more … Read more