Nonstatutory Aggravating Factors
By special request, this post recaps the law of nonstatutory aggravating factors. Under G.S. 15A-1340.16(d), the State may, in addition to the 25 statutory aggravating factors set out in that […]
July 24, 2009
What’s Blakely got to do with it? Sentencing in Impaired Driving Cases after Melendez-Diaz
Jeff Welty blogged here and Jessica Smith published a paper here about the implications of the Supreme Court’s holding in Melendez-Diaz that forensic laboratory reports are testimonial, rendering the affiants […]
June 18, 2009
Go Directly to Jail (or Is It Prison?)
Last week the News and Observer ran an article about a legislative proposal to send more inmates to county jails instead of DOC facilities. A separate part of the plan […]
June 11, 2009
Concurrent and Consecutive Sentences Upon Revocation of Probation
Under G.S. 15A-1344(d), a “sentence activated upon revocation of probation commences on the day probation is revoked and runs concurrently with any other period of probation, parole, or imprisonment to […]
June 2, 2009
Consecutive Sentences for Misdemeanors (a Quiz!)
by School of Government faculty members Jamie Markham and Alyson Grine Suppose Ronald is convicted of six counts of communicating threats, a Class 1 misdemeanor. Ronald has three prior convictions, […]
April 16, 2009
Prior Record for Recidivist (and Recidivist-ish) Crimes
I am frequently asked about what convictions may count toward a defendant’s prior record level in prosecutions under the habitual felon law and other similar laws, like habitual impaired driving. […]
April 8, 2009
Relief from (Un?)Fair Sentencing
One of our loyal readers asked for our take on the provision in the motion for appropriate relief (MAR) statute that allows a defendant to seek relief at any time […]
April 1, 2009
Jail Credit for Split Sentences (Isn’t That Special?)
Editor’s note: SOG faculty member Alyson Grine — today’s guest blogger — holds the position of Defender Educator. As her title suggests, her principal client group is public defenders and […]
March 20, 2009
Banned from the County
The First Circuit recently upheld a district court’s imposition of a special condition of supervised release banning two convicted drug dealers from Suffolk County, Massachusetts (basically, Boston) during the entirety […]
March 17, 2009
Juvenile Adjudications . . . Aggravating
An article in last Saturday’s paper talked about Governor Perdue’s proposed changes to the probation system. Part of her plan would give probation officers access to probationers’ juvenile records, which […]
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- Maggie Bailey
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- M. Jeanette Pitts
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