As a junior public defender in Philadelphia, I was always impressed when watching an experienced criminal defense lawyer conduct a cross-examination. I am thinking of Brian McMonagle, who at one point represented Bill Cosby. Or Scott DiClaudio, who is now a controversial judge in Philadelphia. Or Jamie Funt who, as far as I can tell, is still practicing criminal defense …
Years ago, back when I was a junior public defender in Philadelphia and believed almost everything clients told me, I interviewed a client charged with being a felon in possession of a firearm. “I was walking down the street that day,” the client told me. “As I walked by this playground, I saw a gun in the bushes close to …
Many years ago, when I first started work at D.C. Superior Court, I had a daily encounter with an older woman as I came into the court building each morning. Dressed nicely and sitting on the bank of chairs outside the lawyer’s lounge, the woman always appeared to be speaking on the phone about some weighty constitutional issue. The woman …
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 …