Change in Punishment for Second-Degree Murder
Senate Bill 105, which passed both chambers of the General Assembly overwhelmingly and appears certain to become law (either with the Governor’s signature or because of the passage of time […]
July 3, 2012
Collateral Consequences Assessment Tool
The School of Government recently launched the Collateral Consequences Assessment Tool (C-CAT). But, what is a collateral consequence assessment tool? For that matter, what is a collateral consequence? The Collateral […]
July 2, 2012
State v. Gorman and Improper Extensions of Probation
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]
June 28, 2012
Miller v. Alabama: Implications for North Carolina
My previous post summarized Miller v. Alabama, the Supreme Court’s recent case holding that a sentencing regime in which life without parole (LWOP) is mandatory for a murder committed by […]
May 24, 2012
Justice Reinvestment and the “Commit no Criminal Offense” Probation Condition
Under the Justice Reinvestment Act (S.L. 2011-192), for probation violations occurring on or after December 1, 2011, the court may only revoke a person’s probation for a violation of the […]
May 22, 2012
Notice of Aggravating Factors Under G.S. 20-179
Last July, Jamie Markham provided this refresher on aggravating factors in structured sentencing cases in which he discussed, among other provisions, the requirement that the State provide a defendant with […]
May 10, 2012
Consecutive Sentences for Misdemeanors Sentenced at Different Times
In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length […]
March 1, 2012
The New Single Sentence Rule
A while ago I wrote this post about the “single sentence rule,” the statutory directive that tells the Division of Adult Correction (DAC) how to administer consecutive sentences. Under G.S. […]
February 23, 2012
The Statewide Misdemeanant Confinement Program
In this prior post, I wrote about how Justice Reinvestment changed the rules for determining where a person serves his or her sentence. Today’s post takes a closer look at […]
January 18, 2012
Electing to Serve a Sentence after Justice Reinvestment
Some criminal defendants just want to serve their time. There a variety of reasons for that. Sometimes they are facing active time for another conviction and hope the new sentence […]
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- Maggie Bailey
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