Notes from practice · D.C. Superior Court
“True Threats” and Stalking in Rokhvand v. Herzfeld
The D.C. Court of Appeals recently clarified what constitutes a “true threat” for purposes of the District’s stalking statute. In Rokhvand v. Herzfeld, 2026 D.C. App....
Should I consent to a “CPO without admissions?”
If you are the Respondent in a civil protection order case, everyone else involved in the proceedings will want you to agree to a “consent...
On the doctrine of “inherent incredibility” in Carrington
The D.C. Court of Appeals will typically defer to the trial judge on any question pertaining to the credibility of a witness. After all, it...
On threats and the attorney-client privilege in Moore
The “attorney-client privilege” protects confidential communications between a client and their attorney. As an exception to the general rule that all relevant facts should be...
When is D.C. person seized for Fourth Amendment purposes?
The first question in any case in which the legality of a Fourth Amendment search is being challenged is when the seizure occurred. The next...
Defining a “high crime area” in Mayo v. U.S.
“High crime area.” Police officers invoke this phrase all the time. Like “furtive movements, “suspicious bulge” or “excited utterance, it is a legal sounding phrase...
On the withdrawal of consent in Ford v. U.S.
A defendant can consent to a Fourth Amendment search or seizure, thereby obviating the need for a warrant. A defendant can limit the scope of...
On the “plain feel” doctrine in Ford v. U.S.
Absent a valid exception, “searches and seizures” without a warrant are presumptively unreasonable under the Fourth Amendment. As one exception to the warrant requirement, the...
Defining a “Testimonial Statement” under Crawford
The Proof of the Common Law is by witness and jury: let Cobham he here, let him speak it. Call my accuser before my face...
On “reliable hearsay” in Parker/Rollerson
Hearsay is presumptively unreliable. That is why the law makes it so difficult to introduce hearsay into evidence. McCormick on Evidence § 244 refers...
Unlawful entry and the “independent justification requirement”
Jamison Koehler
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07/06/2025
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According to the “independent justification” requirement, an order to leave public property must be given by a person with authority based on some established policy,...
D.C.’s new sealing/expungement law needs fixing
[Update: D.C. Council resolved the problems described below through the “Peace DC Omnibus Emergency Amendment Act of 2025.”] There are major problems with D.C.’s new...
Ode to D.C. Superior courtroom clerks
Jada Aristilde, one of my favorite courtroom clerks, has left the building. Ms. Aristilde leaned over to me in courtroom 314 earlier this week after...
MAGA’s introduction to our criminal justice system
We have learned that the same rules apply to everyone. It does not matter if you are a homeless person or the former president of...
Editorializing about Miranda rights in Green v. U.S.
Although police officers are not required to read the Miranda rights verbatim, any editorializing risks confusing the suspect, thereby nullifying the warning....