Notes from practice · D.C. Superior Court
“Call my accuser before my face . . .”
Right to confrontation applies to testimonial statements of a non-appearing witness unless (1) the witness is unavailable and (2) the witness was subject to prior...
Lazo v. U.S.: A Court’s Duty To Investigate a Jencks Act Violation
The Jencks Act,18 U.S.C § 3500, requires the prosecution to turn over any “statement” of a prosecution witness that relates to subject matter at issue....
Mason v. U.S.: When Is A Prior Consistent Statement Admissible?
The general rule on “bolstering” is that you are not allowed to sing the praises of your own witness until that witness has been challenged...
On bias, extrinsic evidence, and other matters in Longus v. U.S.
Bias is “the powerful distorting effect on human testimony of the witness’s emotions or feelings towards the parties or the witness’ self-interest in the outcome...
Bickering Over Basic Facts on Cross-Examination
I like the government witnesses who fight with you on cross-examination, refusing to acknowledge even the most basic facts, like whether a particular street goes...
Cue the Radiotape
I am a middle-aged man with some life experience. I have been doing criminal defense for a while now. Just yesterday I posted how many...
Trial Transcript: A Brand New Prosecutor on Direct
POLICE OFFICER: . . . The defendants knew they were not allowed in the store. DEFENSE ATTORNEY: Objection. THE COURT: Grounds? DEFENSE ATTORNEY: Your Honor,...
Groundhog Day at the CVS
It is a snippet of life from a CVS store in the District, viewed again and again through 15 different surveillance cameras. There is a...
The ABCs of “Character Evidence” in a D.C. Criminal Case
Over 65 years ago, Justice Robert H. Jackson, writing for the U.S. Supreme Court in Michelson v. United States, 335 U.S. 469 (1948), complained about...
Checking The Rules. Checking Them Twice.
Jamison Koehler
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04/26/2012
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One of the things I miss most about working at the public defender’s office was the ability to get immediate feedback from colleagues on an...
Cross Examinations. Directs, too.
“No questions, Your Honor.” What could be more satisfying to say after your opponent has completed his direct examination than those four simple words? It...
A Peek Behind The Curtain: On Being A Government Witness In A Criminal Prosecution
I am a government witness in a criminal prosecution. The complaining witness is a former client, and I have been called to testify to a...
Coles v. U.S.: The Right to a “Meaningful Degree” of Cross-Examination
Jamison Koehler
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02/07/2012
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Although the ability to cross-examine a witness is a critical component of the Sixth Amendment right to confront your accusers in a criminal case,...
Cross-Examining a Prosecutor
I have been called to testify in a criminal case. A couple of weeks ago I represented a woman seeking a civil protection order...
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...