Second Amendment Scoreboard

In Re K.A.: The “Quantum of Independent Evidence” Needed to Corroborate a Confession

The corpus delicti rule has always been one of my favorite legal doctrines. It is not just that the rule is in Latin, although that never hurts. It is not that the rule dates back centuries, although that… Read More

Myers v. U.S.: What Is “Knowing” Possession Of A Firearm?

You buy a brand new axe. The axe is composed of two parts, a handle and a blade. You replace the handle after a couple of years and then the blade a year or two after that. The… Read More

Defining “Readily Available” in Clyburn v. U.S.

You can be sitting at work and “constructively possess” something tucked away in your bedroom closet at home. It is not whether you actually physically possess the piece of property at the time; it is whether you have… Read More

In Favor of a Virginia Jury Instruction on “Knowing and Intentional” Possession

My client is a convicted felon. He knows that it is illegal for him to possess a firearm. He lends his ex-wife his car.  She returns it to him after a couple of days but accidentally leaves behind… Read More

Sometimes A Guilty Verdict Is a Win (At Least That Is What I Tell Myself)

Although Virginia juries have a reputation for being unforgiving, I have also been told that juries in Prince William County can be pretty unpredictable. Going into trial yesterday, my client was facing a mandatory 5-year sentence for being… Read More

Innocent Possession of a Firearm in D.C.

It is a story I have heard many times, or at least some version of it:  The defendant is walking through a playground when he notices a firearm lying by the jungle gym.  The defendant picks up the… Read More

On Sympathetic Clients and Our People In Uniform

Your client is charged with two misdemeanor firearm charges – possession of an unregistered firearm and possession of unregistered ammunition – and when you read the police report, you are surprised he isn’t facing more serious felony charges…. Read More

Disorderly Conduct: D.C. Court Narrows The Scope

Disorderly conduct is a really annoying charge. The first problem is that the offense is usually so broad and poorly defined that it is too easy for police to charge and too easy for the government to prove… Read More

Lessons from the Gilbert Arenas Cover-Up

“Ur new story.  U were n the training rm when u got out there were 3 guns on ur chair with a note.  That said pick one.  Send to javaris ill take the Blame. He didn’t have a… Read More