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.

Tagged with: Aggravating & Mitigating Factors Criminal Practice re-sentencing

State v. Gillespie. (Lawyers Weekly No. 11-07-0223, 5 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the trial ...

Tagged with: Aggravating & Mitigating Factors Criminal Practice Rowan County sentencing

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 ...

Tagged with: Aggravating & Mitigating Factors Aggravating Factors aggravation Criminal Practice Johnston County sentencing sentencing enhancements

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 ...

Tagged with: Aggravating & Mitigating Factors Buncombe County Criminal Practice evidence Guilty Plea restitution sentencing