Notes from practice · D.C. Superior Court
On Recusals: Offending the Judge, Protecting the Client
A couple of years ago, a Court of Common Pleas judge in Philadelphia banned me from her courtroom for life. Both the stenographer and...
A Letter of Apology After a Guilty Verdict
After finding my client guilty of simple assault, the judge orders my client to write a letter of apology to the complaining witness. I...
Brilliant Trial Lawyer or Simple Ass?
MR. KOEHLER: Objection. Relevance. THE COURT: Mr. Koehler, you can sit down. MR. KOEHLER: Your honor, this is absolutely ridiculous. MR. RIORDAN: No, it’s...
Being Found Guilty After Pleading Guilty
If you plead guilty, there is a 100% chance that you will be found guilty. Or something like that. I read that on the...
Terry v. Ohio as a Seinfeld Episode
I have often said that you can explain everything in life through a Seinfeld episode. And while there is no single case that does...
Why Police Officers Love the “Plain View” Exception
Police officers love the “plain view” exception to the Fourth Amendment requirement for a warrant. It is because this exception is so straightforward and...
Jack Lambert and My Investigator
Wayne, my investigator, thinks he is being subtle. He insists on escorting me out of a bad neighborhood whenever we finish a crime scene...
On Prison Tapes: Eavesdropping on Your Client
I am dealing with a “hide-the-ball”-type prosecutor in Virginia. I have gotten spoiled from working with D.C. prosecutors; they are usually pretty upfront about...
In Re Gault: “Constitutional Domestication” of the Juvenile Justice System
There are only a small number of criminal cases that all lawyers, even those who don’t practice criminal law, seem to know. Although Miranda v....
On Ashe v. Swenson: Double Jeopardy and Collateral Estoppel
Jamison Koehler
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06/18/2011
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Many laypersons suffer from misconceptions about the protections offered by the Double Jeopardy Clause contained in the 5th Amendment to the Constitution. As Blonde Justice pointed...
On the Defendant’s Acceptance of Responsibility at Sentencing
Earlier this week, I caught the tail-end of a DWI trial in which Michael Bruckheim was representing the defendant. Bruckheim had attended portions of my...
Quarles v. Commonwealth: Coerced Confessions in Virginia
In Quarles v. Commonwealth, a recently issued opinion by the Virginia Court of Appeals, the court considered a set of facts similar to the U.S....
Lives of “Quiet Desperation”: More on Jailhouse Lawyers
Over at Chicago Criminal Defense, Marcus Schantz writes about the challenge of representing an incarcerated client who fancies himself a lawyer. With much at stake, time...
Why I Hate Guilty Pleas
Having a client accept a guilty plea is like getting all dressed up for the prom and then deciding to stay home. On Friday I...
Second Chances in Virginia
Here, for free, is my simple legal advice: Whatever you do, don’t get arrested in Virginia. The Commonwealth is, as far as I can...