Notes from practice · D.C. Superior Court
D.C.’s ban on 11+ magazines is unconstitutional
Jamison Koehler
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03/17/2026
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The D.C. Court of Appeals has struck down as unconstitutional the District’s ban on high capacity magazines for firearms. Specifically, the court found recently...
Defining “malice” in destruction of property case in D.C.
Roman Wiley (aka Kamaal Mumin) believed he owned a particular house in D.C. This, as it turns out, was a delusion. The real owner, who...
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...
The “voluntary intoxication” defense in D.C.
Jamison Koehler
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06/18/2025
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According to recent opinion issued by the D.C. Court of Appeals, Darrell Jones v. United States, __ A.3d __ (D.C. 2025), the defense must prove...
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...
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....
Storming the Capitol in Larson-Olson v. U.S.
It was hard to argue that there was insufficient evidence to convict Larson-Olson of unlawful entry when recordings showed defendant struggling with police....
On 4th Amendment seizures and abandoned property in U.S. v. Pope
When is a person seized for Fourth Amendment purposes? When is a piece of property abandoned such that there is no longer reasonable expectation of...
Evans v. U.S.: More on the innocent possession of a firearm
According to the “innocent possession of a firearm” defense in D.C., it is permissible to use in self-defense what might otherwise be an unlawful firearm....
On the fumbling hand of counsel
Jamison Koehler
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11/15/2023
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According to the 6th Amendment, the lawyer who accepts representation in a criminal case must affirmatively assist with the defense, thereby advancing it....
On ineffective assistance of counsel in Dugger v. U.S.
Jamison Koehler
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09/02/2023
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A seasoned criminal defense lawyer was replaced by someone who had never before tried a criminal case. Not surprisingly, things did not go well for...
The Alibi defense in D.C.
From the Latin for “elsewhere,” an alibi defense is based on the physical impossibility of a defendant’s guilt: the defendant could not have committed the crime...
On “offensive touching” assault in D.C.
The defendant “poked” the complainant somewhere on the body after having been specifically admonished not to do so. Such an “offensive touching” constituted a criminal assault. ...
The “Rule of Lenity” in D.C.
Jamison Koehler
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06/12/2022
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According to the “Rule of Lenity,” a court should construe any ambiguity in the language of a criminal statute in favor of the defendant....
On the “Claim of Right” Defense in D.C.
Jamison Koehler
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03/14/2022
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Although “claim of right” is a valid defense to robbery and other theft offenses, the defense fails when the defendant takes more than the property...