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A recent case from the court of appeals helps inform our understanding of what it means to abscond from probation under the statutory absconding condition in G.S. 15A-1343(b)(3a).

The Marshall Project published an article last week describing the “paradox of ‘felony murder’ laws,” which allow defendants to be convicted of murder “if a death occurs because of a felony they commit, even if they were not the direct killer.”  While much of the article focused on this aspect of felony-murder, it also mentioned that, in some states, driving while impaired by a repeat offender that results in the death of someone other than the driver can support charges of felony murder. That’s not so in North Carolina.

There was a steady stream of news about capital punishment this week. The Pope addressed a special joint session of Congress this week, and among many other things, asked the legislature to abolish the death penalty. The full text of the speech is here. Justice Scalia, one of the Supreme Court’s six Catholics, reportedly stated this week that he “wouldn’t be surprised” if the Court bans the penalty in the future, though he personally believes it to be constitutional. Meanwhile, State Rep. Jon Hardister, a Republican from Greensboro, indicated that he believes the death penalty should be eliminated because he doesn’t “trust the government to do it right” and stated that he is starting “conversation[s]” with other Republican legislators on the issue. Finally, Reuters published this long report, the key finding of which is that “[a] review of 2,102 state supreme court rulings on death penalty appeals . . . over the past 15 years found a strong correlation between the results in those cases and the way each state chooses its justices. In the 15 states where high court judges are directly elected, justices rejected the death sentence in 11 percent of appeals, less than half the 26 percent reversal rate in the seven states where justices are appointed.”

For the second time in two weeks, I’ll start with a heartwarming, positive story about a police officer. In 2014, Raleigh Officer J.D. Boyd broke up an altercation involving a man named Cory Sanders. Sanders confronted Officer Boyd and swung at him with a knife; Boyd drew his pistol on Sanders. Sanders eventually surrendered and was charged with assault. This week, Boyd encountered Sanders again. Sanders apologized for his behavior and told Boyd that he was now working at a good job and was staying out of trouble. On social media, Boyd posted pictures of Sanders and himself and wrote “I was glad it ended well for us both that day, and I am ecstatic now to learn that he has turned his life around and we can embrace as friends.” A number of media outlets have the story, including WRAL here.

In 2010, the North Carolina General Assembly enacted G.S. 14-415.4, which allows a person convicted of a nonviolent felony to regain his or her firearm rights if he or she meets the statutory criteria for restoration (including, among other things, waiting twenty years after completing his or her sentence). The law took effect February 1, 2011, meaning that a person who meets the statutory criteria is eligible to utilize the restoration procedure whether his or her offense or conviction occurred before or after February 1, 2011. See S.L. 2010-108 (H 1260), as amended by S.L. 2011-2 (H 18) (clarifying effective date). A restoration order has the effect of lifting the state law ban, in G.S. 14-415.1, on possession of a firearm by a felon. See G.S. 14-415.4(a), (b). It also removes the ban on issuance of a handgun permit, G.S. 14-404(c)(1), and a concealed handgun permit. G.S. 14-415.12(b)(3).

The old media motto is “if it bleeds, it leads.” But today, I’m leading with a good news story of danger averted. Dan Hicks, a Raleigh PD officer, talked a man off the edge of a freeway overpass Wednesday night and gave him a hug. Officer Hicks explained to WRAL that the man in question “got a big old Dan Hicks bear hug, whether he wanted it or not. . . . [H]e was not going to be given the opportunity to go over that bridge again. He got to stand there with me for a second and get that hug. Call it tactical, call it compassionate, I think it was probably both.” Well done, Officer Hicks.

All eyes were on Houston this week, where Shannon Miles has been charged with murdering Deputy Darren Goforth. Miles allegedly approached Goforth from behind at a gas station and fired 15 rounds into the officer. This CNN story has the details. It includes a statement by the national president of the Fraternal Order of Police that “In the last few years, ambush attacks aimed to kill or injure law enforcement officers have risen dramatically.” I hope that’s a blip, not a trend.

A caller recently asked me: Does Crawford apply at pretrial proceedings, such as suppression hearings and hearing on motions in limine? Neither Crawford nor any of the Court’s subsequent cases […]

Colorado movie theater shooter James Holmes has been sentenced to 12 life terms plus 3,378 years in prison. He did not receive the death penalty due to the vote of a single holdout juror. CNN’s stories about the sentencing hearing are here and here; the statements from the surviving victims and the families of the deceased are difficult to read.

All eyes are on Charlotte this week. Former CMPD officer Randall “Wes” Kerrick is on trial for voluntary manslaughter in connection with the shooting of Jonathan Ferrell. I have not followed the trial closely but some have suggested that the evidence came in more favorable to the defense than was generally expected pretrial. The jury has now deliberated for more than two full days without reaching a verdict. However, no Allen charge has yet been given. The Charlotte Observer has a useful Q-and-A about the case and the prospects for a verdict here. If the jury hangs, the next question would be whether the State would retry Mr. Kerrick.