Laura’s Law
In yesterday’s post, Jeff mentioned Laura’s Law, which increases the maximum punishment for impaired driving. Today’s post discusses those provisions in more detail. S.L. 2011-191, dubbed Laura’s Law in recognition […]
July 7, 2011
Table of Maximum Permissible Punishments
For a variety of reasons, it is sometimes helpful to know the maximum punishment applicable to a particular type of offense. For instance, when charging a defendant with possession of […]
July 6, 2011
A Refresher on Aggravating Factors in Structured Sentencing Cases
The Supreme Court of the United States decided Blakely v. Washington in 2004, holding that any fact (other than a prior conviction) that increases a defendant’s sentence beyond the prescribed […]
June 30, 2011
The Justice Reinvestment Act: An Overview
The Governor signed the Justice Reinvestment Act (S.L. 2011-192 (H 642)) into law last week. It makes substantial changes to the law of sentencing and corrections in North Carolina—easily the […]
June 27, 2011
DWLR as a Grossly Aggravating Factor for DWI Sentencing
Grossly aggravating or just grossly confusing? When is a DWI defendant driving while revoked for an impaired driving revocation? Several earlier posts (here , here and here) have discussed sentencing […]
June 7, 2011
How Do You Measure a Month?
In State v. Bowden, 193 N.C. App. 597 (2008), disc. rev. improvidently allowed, 363 N.C. 621 (2009), and Jones v. Keller, 364 N.C. 249 (2010), our appellate courts considered the […]
April 8, 2011
Habitual Drug Trafficking
As most of you probably know, G.S. 90-95(h) sets out special sentencing rules for drug trafficking offenses, including mandatory fines and minimum and maximum sentences that apply regardless of the […]
January 11, 2011
Video Blog Post: The Year Ahead in Sentencing and Corrections
We’re trying something novel today. Jamie Markham has prepared our first video blog post, in which he highlights sentencing and corrections stories to follow in 2011. It includes a discussion […]
December 15, 2010
Improper Consideration at Sentencing of a Defendant’s Decision to Go to Trial
A trial court is free to consider all kinds of information about a defendant when deciding on a sentence. See State v. Pope, 257 N.C. 326 (1962) (“[I]t would not […]
November 23, 2010
Confrontation Rights Apply at Sentencing in Noncapital Cases
In 2002, David Hurt pled guilty to second-degree murder. Over the next several years his case bounced back and forth between the trial and appellate courts based on problems with […]
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