Disliking the Victim

I wanted to hit him myself. This is what I tell my client after speaking with the complainant in a simple assault case. My client is accused of punching the complainant in the face. The complainant turns out… Read More

Teneyck v. U.S.: What is Significant Bodily Injury Under the Felony Assault Statute?

The D.C. Court of Appeals has issued a number of opinions over the last couple of years in which it has refined the definition of “significant bodily injury” under D.C.’s felony assault statute. In Nero v. United States,… Read More

Gayden v. U.S.: Interpreting the “Resist” and “Intimidate” Provisions of D.C.’s APO Statute

In Cheeks v. United States, a case issued a couple of months ago, the D.C. Court of Appeals interpreted the “interfere” provision of D.C.’s Assault of a Police Officer (APO) statute.  (It is illegal under this statute to… Read More

Cheek v. U.S.: Interpreting the “Interfere” Language of D.C.’s APO Statute

The Assault on a Police Officer (APO) statute is so broad that the D.C. Court of Appeals has had to issue multiple opinions to interpret it.  In Edwin Cheek v. United States, 103 A.3d 1019 (D.C. 2014), an… Read More

Attempted Battery Assault in D.C. is a “Specific Intent” Offense

In law school and in preparing for the Bar Exam, we were taught the distinction between general intent and specific intent crimes. If it is a general intent offense, the government must prove only that the defendant intended… Read More

On Getting Your Own Witness Locked Up

I put our star witness in jail. I have heard about prosecutors being slammed for doing this. One of my adjunct professors in law school – a prosecutor in Philadelphia – ended up on someone’s list of the… Read More

Lawsuit Alleges Church Cover-Up of Child Sexual Abuse

“No institution can put its own financial concerns above the needs of vulnerable children.” So says my wife Susan Burke, as reported by the Associated Press, in connection with a lawsuit she filed today in Maryland state court. … Read More

Defendant Punches Public Defender At Sentencing

I have read that the person who is most likely to be the victim of violence in the courtroom is not the judge or prosecutor, as you might expect, but the defendant’s own attorney. Judges and prosecutors are… Read More

New Lawsuit Alleging Military Rape Filed in Federal Court

The Associated Press reported on the lawsuit filed yesterday in federal court in San Francisco alleging that current and former members of the U.S. military were sexually assaulted while serving: The 20 women and men filing the lawsuit… Read More

NBC Segment on Military Rape

NBC’s “Rock Center with Brian Williams” ran a segment last night on the most recent cases to be filed in federal court alleging rape in the military. Susan makes an appearance at 7:40. Visit NBCNews.com for breaking news,… Read More