Ode to a legal career

Jamison KoehlerLaw Practice, Miscellaneous, Opinions/Cases

When I last wrote about my niece Emma, she was an all-Ivy scholar and athlete, the leading scorer and captain of her college soccer team. Since that ground-breaking blog entry of 2012, Emma has played professional soccer.  She is still, as I described her back then, pretty, smart, personable and modest, a woman who not only knows how to take …

DC Court of Appeals

On receiving stolen property in Lucas

Jamison KoehlerOpinions/Cases, Other Criminal Offenses, Theft/Fraud

Antonio Lucas robbed a man in Maryland.  He then traveled to D.C. where he was arrested. Mr. Lucas could not be charged in D.C. with the felony offense of robbery.  Because that crime had occurred in a different jurisdiction.  Instead, he was charged with — and ultimately convicted of – Receiving Stolen Property in violation of D.C. Code § 22-3232.  …

Looking for “white spaces” in the prosecution’s case

Jamison KoehlerDUI and Driving Offenses, Trial Advocacy

As a junior public defender in Philadelphia, I was always impressed when watching an experienced criminal defense lawyer conduct a cross-examination. I am thinking of Brian McMonagle, who at one point represented Bill Cosby. Or Scott DiClaudio, who is now a controversial judge in Philadelphia. Or Jamie Funt who, as far as I can tell, is still practicing criminal defense …

A man with a destination

Jamison KoehlerD.C. Superior Court, Miscellaneous

Many years ago, when I first started work at D.C. Superior Court, I had a daily encounter with an older woman as I came into the court building each morning. Dressed nicely and sitting on the bank of chairs outside the lawyer’s lounge, the woman always appeared to be speaking on the phone about some weighty constitutional issue.  The woman …

Baltimore graffiti

On the fumbling hand of counsel

Jamison KoehlerAppellate Practice, Criminal Procedure, Legal Concepts/Principles, Opinions/Cases, Professional Responsibility/Ethics

The brother of my court-appointed client takes me from the courtroom into the hallway to dress me down for a legal decision I just made on his brother’s behalf. The brother cites a legal platitude that, though true, had nothing to do with the decision I just made. “You and I both know I am right on this one,” he …

Storming the Capitol with Jenna Ellis

Jamison KoehlerMiscellaneous, Politics

Her voice is soft and tentative.  She may be trying to apologize, but the sniffling makes it hard to understand her.  What is clear is that she is feeling pretty sorry for herself.  If I stood next to her at a plea hearing in D.C. Superior Court, she would not have impressed me as someone with any substance or maturity.  …

Riding the Acela with Matt Gaetz

Jamison KoehlerMiscellaneous, Politics

I spend a lot of time on the Acela.    So too do other people I have encountered in the quiet car over the last year or so:  Tony Fauci, Matt Gaetz, Charlie Gibson, John King, Elise Stefanik, Karine Jean-Pierre, Joe Walsh, and Dan Goldman.  In some cases, such as with Gaetz or Stefanik, I have had to suppress the …

Limiting recross examination in Sanchez v. U.S.

Jamison KoehlerEvidence, Opinions/Cases, Trial Advocacy

D.C. Superior Court judges do not typically allow re-cross examinations.  Yes, you have a constitutional right to confront witnesses against you in a criminal proceeding.  But, with judges enjoying widespread discretion to oversee the proceedings, this right is not without its limits.   The defendant in Gabriel Sanchez v. United States, 287 A.3d 1241 (D.C. 2023), was charged with Assault with Intent to Kill …

Lousy plea offers. More trials.

Jamison KoehlerCriminal Procedure, D.C. Superior Court, Sentencing, Trial Advocacy

During the pandemic, criminal defense lawyers got spoiled with the favorable plea offers.  With dockets backing up, the government was desperate to resolve cases through non-trial dispositions.  One prosecutor compared it to a “fire sale.” Those times are over. I have noticed this.  My colleagues have noticed this.  And a long-time judge on the felony calendar who knows about these …