Highlights from the 2024 Sentencing Commission Statistical Report
Today’s post reviews the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission.
December 3, 2024
There’s a New King in Town – Finding DWI Aggravating Factors
The U.S. Supreme Court held in Blakely v. Washington, 542 U.S. 296 (2004) that any contested fact that increases the defendant’s sentence beyond the statutory maximum must be submitted to […]
July 20, 2022
2021 Sentencing Commission Statistical Report Available
Today’s post takes a look at the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission.
July 13, 2022
Evaluating Substantial Similarity of Prior Out-of-State Convictions after State v. Graham
State v. Graham, 2021-NCSC-125, 379 N.C. 75 (2021), sheds new light on what it means for an out-of-state prior conviction to be “substantially similar” to a North Carolina crime for […]
April 16, 2020
2020 Sentencing Commission Statistical Report Available
Correctional statistics have been in the news as we consider the impact of the coronavirus on our jails, prisons, and supervised populations. This week the Secretary of Public Safety announced […]
February 27, 2020
Intermediate Probation Conditions
I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated.
October 24, 2019
Prior Record Level: What a Defendant Can and Cannot Stipulate To
Under G.S. 15A-1340.14(f), a defendant’s prior convictions can be proved by stipulation of the parties. And they often are. But that doesn’t mean every aspect of a person’s prior record […]
October 1, 2019
A Quarter-Century of Structured Sentencing
The governor has proclaimed today, October 1, 2019, as Structured Sentencing Day. It has been 25 years since North Carolina’s primary sentencing law for felonies and misdemeanors came into effect. […]
July 26, 2019
Stipulations to the Classification of Prior Convictions for Possession of Drug Paraphernalia
Prior record level calculations would be pretty straightforward—if the law never changed.
November 15, 2018
Prior Convictions for Possession of Drug Paraphernalia
A recent case from the court of appeals answers a question we’ve been wondering about for four years: How should a person’s prior conviction for possession of drug paraphernalia (PDP) […]
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