Judge Easterly Lets The Facts Speak For Themselves In Damning the Government for Brady Violations

Jamison KoehlerEvidence, Opinions/Cases, Professional Responsibility/Ethics

You suspect it happens all the time:  the prosecutor withholds exculpatory information from the defendant, thereby preventing the defendant from mounting an effective defense.  The problem is that, with the government in sole possession of all the information, you have no way of proving it. And then there is Vaughn v. United States, 93 A.3d 1237 (D.C. 2014). With an …

When Police Officers Shade Their Testimony

Jamison KoehlerProfessional Responsibility/Ethics

“Runner!” This is what one police officer yells to the other two officers, and all three officers take off in pursuit of a suspect who has decided to flee. According to the officer’s testimony at trial, the officers are 20 feet behind the suspect and “closing fast” when the suspect suddenly comes to full stop.  The suspect bends down by …

Taking The Fall For A Client

Jamison KoehlerLaw Practice, Professional Responsibility/Ethics

If you work for the federal government, you have a boss. Depending on the structure and size of an organization, staffers normally work for a branch chief.  The branch chief reports to a division director who, in turn, reports to an office director.  The office director works for an undersecretary or an assistant secretary, and that person reports to the …

U.S. Capitol Building

On lawyers who take on more than they can handle

Jamison KoehlerLaw Practice, Professional Responsibility/Ethics

Back when I worked for the federal government, there were some employees who were really, really busy.  You knew this because their offices were a mess.  Their telephones were no longer accepting messages.  They had that harried look.  And they always talked about how busy they were, especially when you came in to give them more work. Despite all this, …

Jefferson and Washington monuments

The Ethical Obligations of a Prosecutor

Jamison KoehlerProfessional Responsibility/Ethics

According to Rule 3.8 of the D.C. Rules of Professional Conduct, a prosecutor in a criminal case shall not: “[i]ntentionally fail to disclose to the defense, upon request and at a time when use by the defense is reasonably feasible, any evidence or information that the prosecutor knows or reasonably should know tends to negate the guilt of the accused …