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Tag Archives: sentencing

Criminal Practice – Sentencing – Aggravating Factors – Maximum Aggravated Sentence (access required)

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 ...

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Criminal Practice – Sentencing – Death by Vehicle – Second-Degree Murder – Single Sentence – First Impression (access required)

State v. Davis. When a defendant's convictions for felony death by vehicle and second-degree murder arise out of the same conduct, he may be punished only for second-degree murder and not for felony death by vehicle. Also, when a defendant's convictions for felony serious injury by vehicle and assault with a deadly weapon inflicting serious injury (ADWISI) arise out of the same conduct, he may be punished only for ADWISI. We reverse the Court of Appeals' decision to the contrary and remand for re-sentencing.

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Prisons & Jails – Sentencing – ‘Life’ Sentence – 80 Years – Good Time, Gain Time & Merit Time (access required)

Jones v. Keller. When petitioner was sentenced to life in prison, a life sentence was statutorily defined as 80 years. Although petitioner has earned enough good time, gain time and merit time to reduce his sentence to the time he has already served, the Department of Correction grants good time, gain time and merit time for multiple purposes, which need not include early release. Petitioner is legally incarcerated. The holding of the trial court to the contrary is reversed.

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Criminal Practice – Sentencing – Guilty Plea – Aggravating & Mitigating Factors – Evidence – Restitution (access required)

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 ...

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Criminal Practice – Constitutional – Miranda – Reinitiating Conversation – Sentencing – Armed Robbery & Possession of Stolen Goods – Double Jeopardy (access required)

State v. Moses. (Lawyers Weekly No. 10-07-0687, 15 pp.) (Ann Marie Calabria, J.) Appealed from Durham County Superior Court. (J.B. Allen Jr., J.) N.C. App. Holding: Even though, when he was first warned of his Miranda rights, defendant said he ...

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