I’m rounding up the news today on the theory that for most people, today is the last work day of the week. I know it is for me. Here are some of the week’s top stories: 90-96 program discretionary again. Jamie noted last week that H 641 was “poised to become law,” and indeed, it has become law. Now known as S.L. 2013-210, it makes the conditional discharge program in G.S. 90-96(a), which has been mandatory since the passage of the Justice Reinvestment Act, discretionary again for offenses committed on or after December 1, 2013. The amended statute provides that first-time drug possession offenders shall be placed in the program “unless the court determines with a written finding, and with the agreement of the District Attorney, that the offender is inappropriate for a conditional discharge for factors related to the offense.” I can imagine future litigation about what is and is not a “factor[] related to the offense.” High profile trial update. The George Zimmerman trial in Florida is rolling along, but the high profile trial news that struck me this week concerns James Holmes, the alleged Aurora, Colorado movie theater shooter. His trial isn’t scheduled until next February, but according to CNN, the judge has already announced that he will summon 5,000 people for jury service. Seriously? Remember, the goal isn’t to find Colorado residents who have never heard of the crime or the defendant. It is to find Colorado residents who can set aside what they’ve read and heard [...]
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