Nonstatutory Mitigating Factors

After my earlier post about nonstatutory aggravating factors, a reader took me up on my offer to write about nonstatutory mitigating factors. In addition to the twenty mitigating factors spelled out in G.S. 15A-1340.16(e), the law allows for "any other mitigating factor reasonably related to the purposes of sentences." Procedurally, nonstatutory mitigating factors are a little simpler than aggravating factors. There are no notice or pleading requirements on the defendant with respect to nonstatutory mitigating factors, and Blakely has no application to mitigating factors - the defendant just needs to prove them to the court by a preponderance of the evidence. The court is required to consider evidence of any nonstatutory mitigating factor presented, but it is required to make written findings only when it departs from the presumptive range. G.S. 15A-1340.16(a) & (c). As you might imagine, there is less case law on nonstatutory mitigating factors than there is on nonstatutory aggravating factors - the mitigators are rarely appealed. Defendants will sometimes argue that a court erred by failing to find a nonstatutory mitigating factor, but the appellate courts review such arguments for abuse of discretion. State v. Lovett, 119 N.C. App. 689 (1995). Nevertheless, some discussion of approved nonstatutory mitigating factors appears in the cases, and the list below might help a defendant think of factors applicable to his or her case. Defendant had no prior criminal record. State v. Pender, 176 N.C. App. 688 (2006). Defendant identified a codefendant at an early stage in the proceedings. State v. [...]