McCormick on Evidence: Do the Exclusionary Rules Deter Illegal Conduct?

McCormick on Evidence first points out that you should avoid referring to  “the exclusionary rule” in the singular: Discussions sometimes assume the existence of “the exclusionary rule,” suggesting that there is only one remedial requirement involved. This is… Read More

On the Crucible of Cross-Examination

It happens perhaps most often in domestic violence cases that the complainant fails to show up on the morning of trial. The government would have you believe this is because the complainant fears for his/her safety, and this… Read More

Young v. U.S.: The Confrontation Clause Is Still Alive In D.C.

The U.S. Supreme Court has made such a mess of the Confrontation Clause line of cases that the D.C. Court of Appeals declared today that it really doesn’t know what to do. So it decided to do the… Read More

Further Guidance on Significant Bodily Injury in Quintanilla v. U.S.

The D.C. Court of Appeals took another step last week in defining what up until recently has been a poorly defined term:  the “significant bodily injury” that is required in order for the government to prove felony assault…. Read More

Haye v. U.S.: Unlawful Entry, Criminal Contempt, Double Jeopardy, and Prior Bad Acts

When people talk about evidence being admitted at trial, they tend to think in terms of physical evidence:  guns, drugs, documents, fingerprints, DNA, that type of thing. Sometimes you need to remind them that oral testimony alone –… Read More

D.C. Court of Appeals on “Furtive Gestures”

Sometimes you need to go outside your own jurisdiction to find the right language in support of an argument.  For years I have been looking for language that captures the problems — the ambiguity and the over-inclusiveness –… Read More

Constructive Possession: Intent Required, Not Just Proximity and Knowledge

That a controlled substance can be possessed constructively as well as actually is a court-made decision. As Judge Ruiz put it in her concurring opinion to Rivas v. United States, 783 A.2d 125 (D.C. 2005), the “doctrine of… Read More

Lee v. United States: Mistaken Jury Instructions on the “Defense of Others”

The D.C. Court of Appeals was apparently feeling charitable. In Adrian Lee v. United States, 61 A.3d 655 (D.C. 2013), a decision issued last week, the Court bent over backwards to justify and explain mistaken jury instructions issued… Read More

In Re K.A.: The “Quantum of Independent Evidence” Needed to Corroborate a Confession

The corpus delicti rule has always been one of my favorite legal doctrines. It is not just that the rule is in Latin, although that never hurts. It is not that the rule dates back centuries, although that… Read More

Harrison v. U.S.: Reasonable Doubt Through Too Many “Interconnected Inferences”

Yes, they record your personal phone calls from prison. Yes, they have someone listen to those tapes. And, yes, they sometimes find something on those tapes to use against you. There is usually a voice recording that periodically… Read More