Can a Photograph be Hearsay?

January 23, 2019
hearsay graffiti

Conceivably, yes.  Hearsay is as an out-of-court assertion that is offered to prove the truth of the matter asserted. If the evidence in question satisfies all three conditions (that is, it is out-of-court, it is an assertion, and it is offered for its truth), then it would be hearsay and could only be admitted through an exception to the hearsay rule. 

“Past Recollection Recorded” versus “Refreshing Recollection”

January 16, 2019

“Past recollection recorded” is frequently confused with the “refreshing the recollection” of a witness.  The former is an exception to the hearsay rule.  The latter isn’t.  In both cases, a witness is presented with something after failing to… Read More

Handling a U.S. Citation Case in D.C. Superior Court

January 10, 2019

Here is what every lawyer appearing in D.C. Superior Court should know about handling an arraignment for a U.S. citation.

Reflections of a Google Has-Been

January 7, 2019

I used to be King of Google for criminal defense in D.C. Traffic to my site was both wide (many visitors each day) and deep (visitors would stay for a long time, clicking on multiple pages each visit and then dwelling on them).   More importantly, my site ranked number #1 for a number of important search terms that could lead to potential business:  “simple assault dc,” prostitution solicitation dc,” “destruction of property dc,” “theft II dc,” “unlawful entry dc,” “expungement/sealing of criminal records dc,” and so on. 

Laying the Foundation for an “Excited Utterance”

January 3, 2019

Q. Officer. When you arrived, the altercation was still on-going, right?
A. That’s right.
Q. So you have no idea how it started?
A. No, I don’t.
Q. When you arrived, my client had a bottle in her hand?
A. Correct.
Q. And he had a piece of wood in his hand, right?

D.C. Superior Court Criminal Calendar: 2019 Judicial Assignments

January 2, 2019

Felony 1 Calendar Judge Ronna Beck, Room 316 Judge Danya Dayson, Room 318 Judge Craig Iscoe, Room 313 Judge Milton Lee, Room 302 Judge Juliet McKenna, Room 215 Felony 2 Calendar Judge Steven Berk, Room 321 Judge Kimberley… Read More

Police Officers as Neutral, Disinterested Witnesses

December 30, 2018

I like most of the police officers I work with.  Access to body worn camera footage has also given me greater respect for what they do:  I have seen them deal with volatile and potentially dangerous situations with sensitivity and respect.  But this notion of police officers as neutral, disinterested third party observers who testify impartially on behalf of the government is ridiculous. The officers do pick a side – and it is the government’s. 

Impeachment on Personnel Records

December 9, 2018

Q:        If you lost your body worn camera, you could get written up for that, right? A:         Yeah, if you lost it, yes.  But in this situation, it was knocked off or fell off, whatever have you –… Read More


November 24, 2018

I sit across from a colleague in her office at the Public Defender Service in D.C.  A list of names from the jail is on her desk.  Some of the names have been crossed out.  Others have been… Read More

Imperfect Impeachment and Kamala Harris

September 21, 2018

It is my Kamala Harris moment. You recall her questioning of Brett Kavanaugh at his confirmation hearing.  She sets him up carefully:  Q:  Judge, have you ever discussed Special Counsel Mueller or his investigation with anyone? A:  Well,… Read More