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 …
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. …
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 …
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 …
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 …
Judges love to keep us in suspense. Before announcing a verdict or a sentence, they like to give us a detailed description of the reasoning behind their decision. They say “on the one hand” and “on the other” quite a bit. This is because they want to document that they considered all the angles. This can be excruciating. After all, …
They are known on the street as the “jump out” cops. They cruise poor parts of town in unmarked cars, one car following the other. There are 3 or 4 officers in each car. They pull up and jump out at the slightest hint of criminal activity. Sometimes they see a suspect walking with a lopsided gait or swinging only …
In Arizona v. Gant, the U.S. Supreme Court held that police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest (and therefore without a warrant) under one of only two scenarios. The first scenario is that officers have a reasonable belief that the arrestee might access the vehicle at the time of the search, thereby …
BY RESPONDENT’S COUNSEL Q: Okay. And at some point – Mr. Jones is from Russia, right? A: Yes. Q: And at some point he came back to the United States and he sought to re-initiate his romantic relationship with you, right? A: Yes. Q: And – and you were not interested in, in resuming that romantic relationship, right? A: Correct. …
It is always painful to see a criminal defendant replace a good public defender or court-appointed lawyer with an inexperienced one. Because you don’t value what you don’t pay for. This is what happened in Timothy Dugger v. United States, 295 A.3d 1102 (D.C. 2023), an opinion issued recently by the D.C. Court of Appeals. A smart and seasoned criminal …