Opinions/Cases

Dawkins v. United States: How Far Must A Party Go To Preserve Issue For Appeal?

May 6, 2012 Legal Concepts/Principles

In an opinion issued last week, Dawkins v. United States, the D.C. Court of Appeals addressed the issue of how far a party must go in order to preserve an issue for appeal.  The Court also confirmed the long-standing principle that the potential bias of a witness is always relevant in assessing a witness’ credibility. [...]

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The ABCs of “Character Evidence” in a D.C. Criminal Case

May 3, 2012 Evidence

Over 65 years ago, Justice Robert H. Jackson, writing for the U.S. Supreme Court in Michelson v. United States, 335 U.S. 469 (1948), complained about the “helpful but illogical options” available to a defendant attempting to introduce evidence of his good character in a criminal trial:  “We concur in the general opinion of courts, textwriters [...]

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Morgan v. U.S.: Inconsistent Evidence at Trial and “Show Cause” Hearing

April 20, 2012 Criminal Procedure

One of the things that surprised me when I first began to practice criminal law was the notion that you could be acquitted of a particular offense at trial and then have that very same criminal charge – the one on which you were just found not guilty – serve as the basis for being [...]

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Simms v. U.S.: On the Pre-Trial Presumption of Prosecutorial Vindictiveness

April 17, 2012 Criminal Procedure

David Simms was charged with possession of marijuana. On the day of his scheduled trial, the government announced that it was ready to proceed on the charge. Defense counsel stated it was still awaiting discovery on a few matters and, after passing the matter a couple of times, the court eventually postponed the trial so [...]

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Constitutionality of D.C.’s “Post-and-Forfeit” Statute Upheld

April 3, 2012 Criminal Procedure

Know your rights. But be judicious about asserting them. That’s what I always tell people. Don’t go picking unnecessary fights with police officers. And don’t go bringing stupid lawsuits.  No matter how good a lawyer you think you are. Hamilton P. Fox III was sitting in his car in a “no parking” zone waiting for his wife [...]

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Coles v. U.S.: The Right to a “Meaningful Degree” of Cross-Examination

February 7, 2012 Criminal Procedure

Although the ability to cross-examine a witness is a critical component of the Sixth Amendment right to confront your accusers in a criminal case, this right is not without boundaries:  “Once sufficient cross-examination has occurred to satisfy the Sixth Amendment, . . . the trial judge may curtail cross-examination because of concerns of harassment, prejudice, [...]

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Terry v. Ohio as a Seinfeld Episode

November 26, 2011 Criminal Procedure

I have often said that you can explain everything in life through a Seinfeld episode. And while there is no single case that does for criminal law what Seinfeld does for life, Terry v. Ohio comes pretty darn close. It is not that Terry is my favorite case. After all, it expanded the scope of [...]

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Why I Hate D.C.’s “Threats to do Bodily Harm” Statute

October 2, 2011 Assault

Your client is 19 years old.  She weighs 105 pounds and stands under five feet tall. Having been arrested for a minor offense, she sits handcuffed in a room surrounded by police officers. Her eyebrow is bleeding from a cut she suffered from being thrown up against a chain link fence. All the police officers [...]

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

September 14, 2011 Criminal Procedure

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 a handgun she had intended to take to the pawn ship. She calls my client and tells [...]

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English v. United States: Aiding and Abetting Flight in a Motor Vehicle

August 19, 2011 Opinions/Cases

Darnell Anderson was the passenger in a car involved in a shooting.  The car sped away at high speed when police arrived at the scene.  Anderson continued to flee on foot even after the car was stopped.  The question addressed last month before the D.C. Court of Appeals in English v. U.S., 25 A.3d 46 [...]

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