Withdrawing Consent for a Search
February 28, 2021
Although a person can always revoke consent to a warrantless search, such a withdrawal of permission must be clearly and unequivocally communicated. So held the D.C. Court of Appeals in Ford v. United States.
On the “buyer’s agent” defense in Simms v. United States
February 11, 2021
There is a “buyer’s agent” defense in D.C. after all – at least with respect to drug distribution charges involving marijuana.
There, there
February 8, 2021
Because the grandmother is deaf, she does not hear the police officers assembling on the front porch of her rowhouse.
Judicial emergency in D.C. is extended
January 15, 2021
Chief Judge Anita Josey-Herring has issued an order extending the pandemic-related judicial emergency in D.C. Superior Court through March 31, 2021.
Kevin McCarthy should start with an apology
January 10, 2021
Kevin McCarthy wants unity? The ball is in his court. He should start by acknowledging that he was wrong to propogate the lie of a rigged election. He should start with an apology.
On character and grace
January 4, 2021
Donald Trump’s problems go beyond a lack of manners or character. He is also a sociopath. He does not learn. He has no shame. He is driven only by immediate self-interest.
On the “missing evidence” jury instruction in Howard v. US
December 20, 2020
Like “reading the white space” on a police report (that is, focusing on what is NOT included), the “missing evidence” jury instruction “essentially creates evidence from non-evidence.”
Violation of BWC policy –> case dismissed
December 18, 2020
Body worn cameras have forever changed criminal prosecutions. On balance, I think they help the defense. No longer do we need to simply take the officer’s word on things.
D.C. Superior Court’s remote and partially remote courtrooms
December 15, 2020
The D.C. Superior Court Criminal Division has increased the number of courtrooms — both remote and partially remote — that will operate during the pandemic.
A Classicist’s Take on “Trump as Tragic Hero”
December 14, 2020
Guest Post by Raymond Koehler on “Trump as Tragic Hero”
