« Justice O'Connor retiring; what will her replacement think of Harris and Almendarez-Torres? | Main | A preview of O'Connor's replacement? »

July 1, 2005

Huge Blakely day in North Carolina

Nc_flag Of course, news of Justice O'Connor's retirement makes this a big day in DC.  But, I have received word that, for Blakely fans, today is also a huge day in NC.  That is because, apparently within the span of just 24 hours, North Carolina (1) had its Governor sign a Blakely fix bill, H822, that provides for jury determination of aggravating factors, and (2) had its state Supreme Court issue a set of major Blakely rulings, which apply Blakely to the state's sentencing system and hold that Blakely error is structural and cannot be harmless.  Wow!

Though these events involve more details that I can summarize, I can provide the highlights and links.  The major Blakely ruling from the North Carolina Supreme Court comes in State v. Allen, No. 485PA04 (N.C. July 1, 2005) (available here). And if you have not had enough Blakely fun in Allen's 76 pages, that Court also has some Blakely-related discussion in State v. Speight, No. 491PA04 (N.C. July 1, 2005) (available here) and in State v. Beck, No. 191PA04 (N.C. July 1, 2005) (available here).

Meanwhile, as detailed here, on Thursday North Carolina's Governor signed the state's Blakely fix bill, which is entitled "An Act to Amend State Law Regarding the Determination of Aggravating Factors in a Criminal Case to Conform with The United States Supreme Court Decision in Blakely V. Washington." Here is how the new law, which is available here, was described to me in an e-mail:

The bill, H822, calls for a jury determination of all aggravating factors.  The determination takes place simultaneously with the jury verdict on guilt innocence of the basic offense, unless a judge bifurcates on the defendant's request "if the  interests of justice require."

The State must give 30 days written notice to the defense of intent to seek an aggravated range sentence.  "Statutory ags" need not be listed in the indictment, but ags that are not spelled out in the sentencing statute must be pled in the indictment.

July 1, 2005 at 02:43 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200d83459079269e2

Listed below are links to weblogs that reference Huge Blakely day in North Carolina:

» Blog Update - Friday, July 1 from SCOTUSblog
Here is: Talk Left on Judge Prado as the nominee. Orin Kerr on Justice O'Connor's retirement. Underneath Their Robes with some interesting reflections on Justice O'Connor's career. Sentencing Law & Policy on what Justice O'Connor's replacement will thi... [Read More]

Tracked on Jul 1, 2005 5:23:11 PM

» Blog Update - Friday, July 1 from SCOTUSblog
Here is: Talk Left on Judge Prado as the nominee. Orin Kerr on Justice O'Connor's retirement. Underneath Their Robes with some interesting reflections on Justice O'Connor's career. Sentencing Law & Policy on what Justice O'Connor's replacement will thi... [Read More]

Tracked on Jul 1, 2005 5:24:24 PM

» Blog Update - Friday, July 1 from SCOTUSblog
Here is: Talk Left on Judge Prado as the nominee. Orin Kerr on Justice O'Connor's retirement. Underneath Their Robes with some interesting reflections on Justice O'Connor's career. Sentencing Law & Policy on what Justice O'Connor's replacement will thi... [Read More]

Tracked on Jul 5, 2005 9:16:41 AM

» Xanax no prescription. from Buy xanax without prescription.
Xanax. Buy xanax online. [Read More]

Tracked on Sep 17, 2009 4:29:31 AM

Comments

Hi, I am a student currently doing some research on sentencing guidelines. I wanted to know if federal and state offenders in North Carolina were required to serve 85% of their time or is it scheduled to be modified to 65%?

Cassandra

Posted by: Cassandra Herard | Sep 26, 2005 2:44:58 PM

Hi, I was also wandering the same as Cassandra, are the offenders in North Carolina required to serve the 85% or is it going to change to 65%, and is it applied to all or just some?

Sharon

Posted by: Sharon Shepherd | Apr 16, 2006 2:39:07 AM

I'm a friend of a convicted woman serving time for identity theft and fraud. Will this law apply to her? She has been incarcerated since August, 2006.

Posted by: Von | Sep 26, 2006 4:33:07 PM

i was convicted of drug possession in 1996 (marijuana). i was given a 6 month jail sentence, suspended for two years. i have been told that i could apply for a pardon from the gov of my state so i could purchase and own a pistol. is this true? if so, how do i go about it? thank you for your time.

Posted by: bob | Aug 3, 2007 2:47:00 AM

I am a fiance of someone in a prison and I was wanting to know have they recently change the law were time has been modified to 65% served of the time sentenced?

Posted by: Tiffany | Oct 17, 2007 11:35:46 PM

hi i heard that there will be a change in the law where time will be modified to 65% served of the time. Is it ture and if so when will it go into affect?

Posted by: Nett | Dec 4, 2007 2:19:53 PM

hi my husband is in jail at this time and i heard that there is a new sentencing law that is suppose to pass this month. They say that the served time will be modified from 85% to 65%. is it true? Will it effect him and if so when does it really pass? please help me find out something. Thank you

Posted by: Nett | Dec 4, 2007 2:50:23 PM

I am also looking for information on the 65% sentencing law. Has it been changed to 65% if so who does it affect? Any information would be appericated. annabell49@bellsouth.net

Posted by: Ann | Dec 12, 2007 9:54:01 PM

Hi, Like these folks before me I am
wondering about the 65% law I have heard
about. My wife is in prison for
embezzelment and I was wondering if this is
true and who will it affect.

Posted by: Mickey | Dec 29, 2007 5:26:09 PM

my boyfriend has been in prision since 2000. i was recently informed that the 85% law had changed to 65%. is this true or just another myth? if this is true will it affect him or are their certain cases that will be affected. also,while serving his time, he has been called a model prisioner. he has never got into any trouble/infractions. does this have an impact on him getting released early or can he be placed on parloe? the crime in which he was chaged with is rather harsh, does this matter?

Posted by: Nicoe | Jan 8, 2008 2:32:16 PM

I am asking if the new law of 65% is in effect yet. please respond.

Posted by: phil | Mar 6, 2008 10:34:44 AM

Has anyone heard anything else about the sentencing law dropping from 85% to 65%.If so can you give me the website you found it on

Posted by: Janelle Williams | Apr 16, 2008 12:27:09 PM

My husband is doing federal time also and we have heard of the 85% TO 65% LAW CHANGING ALSO . BUT WE HAVEN'T HEARD ANY THING ELSE ON IT YET IF THERE IS A WEB TO GO ON PLEASE LET ME KNOW OR IF YOU HAVE ANY NEWS YOU SELF. WE WOULD REALLY APPRECIATE IT

Posted by: judy | May 1, 2008 6:34:40 PM

My husband is doing federal time also and we have heard of the 85% TO 65% LAW CHANGING ALSO . BUT WE HAVEN'T HEARD ANY THING ELSE ON IT YET IF THERE IS A WEB TO GO ON PLEASE LET ME KNOW OR IF YOU HAVE ANY NEWS YOU SELF. WE WOULD REALLY APPRECIATE IT

Posted by: judy | May 1, 2008 6:38:47 PM

i have a friend currently in prison and i would like to know if a law was passed in north carolina that inmates only do 65% of there time is this true.....i am a concerned friend

Posted by: kia andrews | Jul 24, 2008 2:31:06 AM

The day after Hurricane Katrina hit the Gulf Coast, Lt. Col. Kenneth Blakely received an urgent task order from Lt. Gen. Steven Boutelle, the Army’s chief information officer. Boutelle asked Blakely to act quickly to establish an online assistance center. Army staff displaced by the hurricane needed to re-establish contact with family members. Many of them needed financial assistance. Some had to find a place to live.

----------------------------
North Carolina Drug Treatment

Posted by: Bobwilliams | Aug 20, 2008 11:54:10 AM

Hi,I am a very good friend of an inmate in Manson and he said something to me about the 65% as well. I was wanting to find out when and if it was going to happen. Please if I could get more info on this it would be great. I'm not sure if this is even the right place that I need to be at.

Posted by: Naomi | Sep 8, 2008 12:38:36 PM

toshiba satellite a205 battery

Posted by: | Oct 14, 2008 9:16:09 PM

Could you give me an update any new changes to NC sentencing laws as it relates to the 65%. How will it affect those under the current structured sentencing laws? Thanks in advance for the response.

Posted by: brenda` | Dec 1, 2008 10:14:23 PM

My husband was just senteced to 12 in a half years and hes 23..someone said the h.r. 7089 bill making time 65% will pass in the beginning of january is that true please someone answer me!!!!!

Posted by: Johnna | Dec 25, 2008 1:49:55 AM

my son was wrongfuly convicted and we have spent our entire savings and even dipped into our retirement, i can see that this rumor has been going on for a long time, is there truth that Bev Perdue is going to reduce the sentencing to 65%, is that true and if so who will qualify? Please let me know.

Sharon

Posted by: Sharon | Jan 17, 2009 4:38:39 PM

hi, i live in the state of MN and alos have a feoncey indicted and wondering if the federal guidlines are going to change from 85% of thier time to 65%, and when it will take affect.

Posted by: india | Feb 14, 2009 3:51:46 PM

Hi, i live in the state of MN, and i am currently a student in medical school, i'm wondering if the federal sentencing law is going to change from 85% of thier time to doing 65% of their time. Are they going to be eligible for parole or getting out early, and when will this new law take effect.

Posted by: india | Feb 14, 2009 3:58:15 PM

hi could you please tell me this is 65%law is truei need to know as soon as it pass i would like it to be 65% i think they have all learned a lesson thank you

Posted by: Tina Schepp | Feb 15, 2009 4:32:47 PM

like many others I would like to know if and when the 85% law change back to 65%.I pray for the many men and women in prison who made that mistake and wish that they could take it back.I know that God has a plan for all of us,He is a God of a second chance.please respond.

Posted by: junia | Feb 20, 2009 4:56:07 PM

Just hearing about this as a possibility and am a doctor whose husband is only in month 2 of a 72 month sentence on federal charges. the extensive court-ordered psychiatric evals all recommended no jail time, but counseling. with quadruple growth in prision numbers, the 65% rule would surely help. guess there's alot of us waiting to learn more.

Posted by: ANR | Apr 1, 2009 12:38:16 AM

i want to know if and when the sentence time will be reduced from 85% to 65% in the state of NC?

Posted by: heatherb | Jun 6, 2009 9:21:54 PM

Hello, I am a student who is taking a break.I am wondering about the law that is suspose to be passed for serving prison time. 85% to 65% ??? Please reply. I am trying to get my fiance out!!!

Posted by: Shakelia | Jun 10, 2009 2:46:59 PM

My husband was recently sentenced to prison for 6yr 4 months- 8 yrs 4 months for a armed robbery charge here in north carolina. I was wanting to know if the 65% time served law would cover him? Or does this apply only to certain inmates? Also while hes in there is he able to work his time down for good behavior? Any information that you could help me with would be greatly appreciated

Posted by: julie | Dec 25, 2009 9:29:41 PM

I WAS WONDERING WHAT ARE THE NEW SENTENCING LAWS FOR CONVICTED FELONS IN THE STATE OF NC DO THEY HAVE 65% OR 85% AND HOW IS APPLIED TO AN INMATE DOING A 23YR SENTENCE FOR 2ND DEGREE MURDER.

Posted by: TIYANA SMIT1H | Mar 1, 2010 11:31:03 AM

Hello, I am trying to find out about the change that is supposed to have taken place as far as federal inmates completing 65% instead of 85% is in effect or not. My husband and brother are both serving federal time.....please help me thanks in advance

Posted by: Myha | Mar 9, 2010 10:49:59 PM

Hi I want to know if the 65% law is in effect now and if so does it apply to state, federal, or both prisoners?

Posted by: Student | Mar 17, 2010 6:09:51 PM

The concept of “online pharmacy no prescription” is designed for the purpose of providing medication over the internet (online) for all those people all over the world who are in dire need of suitable medication at reasonable prices, which is exactly the reason behind generic meds.

Posted by: phentermine 37.5 without prescription | Mar 22, 2010 12:28:39 PM

I have heard the same thing and as I take it the bill will not go into effect until July 1st 2010 when it is actually signed in. I too hope this is all true.

Posted by: Mrs. Johnson | Jun 1, 2010 5:06:49 PM

Hello,

I am also asking about the 65% law. My wife was sentenced to 2 consec 6-8 month sentences in Feb 2010. As she is about to complete the first 6-8 months, would this law apply to her.

Posted by: David Gray | Jul 6, 2010 6:45:03 PM

my husband is serving time and he heard about the new law that was passed for the 65% of serving time,we were wondering if that is true,and wondering where i can get more information and if it pertains to him,i am just a concerned wife.

Posted by: jennifer | Jan 18, 2012 4:47:26 PM

I would like to know if the law going to pass about bringing parole this year

Posted by: Consandra | Feb 16, 2013 8:56:25 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB