The “forfeiture-by-wrongdoing” doctrine in Hairston
December 13, 2021
Under the ‘forfeiture-by-wrongdoing doctrine, a defendant forfeits his Sixth Amendment right to be confronted by a witness against him, as well as his objection to the introduction of hearsay, if he wrongfully procured the unavailability of that witness with the purpose of preventing the witness from testifying.
Bias and corruption in Jones v. US
December 6, 2021
Bias can be “a favorable or friendly feeling toward a party.” It can also be hostility toward someone, a motive to lie out of self-interest, and/or corruption.
Beating an attempted drug possession case
December 3, 2021
Now that DFS has lost its accreditation, the government is looking for creative ways to prosecute drug possession cases, including amending the charges to attempted possession. There are equally creative ways to counter this strategy.
Cross-examining a GRU officer
November 30, 2021
I won a motion to suppress in a drug case yesterday. The win was particularly gratifying in that it involved the notorious gun recovery unit (GRU) from the Metropolitan Police Department. One of the lead officers for the GRU… Read More
On reasonable suspicion in Funderburk
October 23, 2021
Police had the requisite legal basis – reasonable suspicion – to assume that one of four people present after gunshots were heard was the shooter.
People are contrarian
October 21, 2021
People are, I believe, naturally contrarian. The question is how to use this phenomenon to your advantage at trial.
On Judicial Notice and Mejia-Cortez
September 20, 2021
Although a court may take “judicial notice” of commonly known facts, the government must still prove every element of a criminal offense beyond a reasonable doubt.
Criminal Division to expand operations
August 30, 2021
The Criminal Division of D.C. Superior Court will expand in-person operations beginning on Tuesday, September 7.
On the importance of being heard
August 11, 2021
The Zulu greeting “Sawubona” translated literally means “I see you.” Because it is important to be seen.
Is it a ledger? Or is it an address book?
July 23, 2021
One man’s address book is another person’s ledger.
