Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Aggravating & Mitigating Factors

Criminal Practice – Re-Sentencing – De Novo Hearing – Aggravating & Mitigating Factors – Same Sentence

State v. Morston Even though, at defendant’s third sentencing proceeding, the superior court imposed the same sentence on defendant that he had received in his first two sentencing proceedings, the superior court considered new evidence and made new determinations regarding the mitigating factors. Defendant received a de novo sentencing hearing.

Read More »

Criminal Practice – Sentencing – Aggravating Factors – Maximum Aggravated Sentence

State v. Shaw. (Lawyers Weekly No. 10-07-0961, 6 pp.) (Rick Elmore, J.) Appealed from Johnston County Superior Court (James E. Hardin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: When a trial court’s comments ...

Read More »

Criminal Practice – Sentencing – Guilty Plea – Aggravating & Mitigating Factors – Evidence – Restitution

State v. Davis. (Lawyers Weekly No. 10-07-0802, 11 pp.) (Robert N. Hunter Jr., J.) Appealed from Buncombe County Superior Court. (Alan Z. Thornburg, J.) N.C. App. Holding: Even though defendant asked that the trial court find factors in mitigation, she ...

Read More »