Notes from practice · D.C. Superior Court
The “forfeiture-by-wrongdoing” doctrine in Hairston
Under the ‘forfeiture-by-wrongdoing doctrine, a defendant forfeits his Sixth Amendment right to be confronted by a witness against him, as well as his objection to...
Bias and corruption in Jones v. US
Bias can be “a favorable or friendly feeling toward a party.” It can also be hostility toward someone, a motive to lie out of self-interest,...
On Judicial Notice and Mejia-Cortez
Although a court may take “judicial notice” of commonly known facts, the government must still prove every element of a criminal offense beyond a reasonable...
On the right to testify in Graves v. U.S.
Jamison Koehler
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03/01/2021
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It is reversible error for the trial judge to prohibit the defendant from testifying that he was acting in self-defense when the court had already...
On the “missing evidence” jury instruction in Howard v. US
Like “reading the white space” on a police report (that is, focusing on what is NOT included), the “missing evidence” jury instruction “essentially creates evidence...
Clearing/sealing/expunging a criminal record
Everything you need to know about clearing, expunging or sealing your criminal record in anticipation of background check for employment, adoption, immigration, volunteer opportunity or...
Immediacy of response, not threat, in self-defense case
Words in the law do not always mean what their dictionary definitions say they mean. With respect to a prior consistent statement, for example, it...
Judicial Notice: The Difference Between “Legislative” and “Adjudicative” Facts
A court accepts a well-known and indisputable fact without taking the time and trouble of requiring a party to prove it. What could be more...
Wayne LaFave on “Motive”
Motive. It is really big on TV shows. At the same time, if you listen to Wayne LaFave, it is completely irrelevant when it comes...
Actus Non Facit Reum Nisi Mens Sit Rea
Translated into English, actus no facit reum nisi mens sit rea means that “an act does not make one guilty unless his mind is guilty.”...
Jacobs v. United States: Narrowing the Definition of “Seizure” in D.C.
You are sitting in a legally parked car on the side of the road minding your own business when a police car pulls in directly...
Refining the Definition of “Testimonial Evidence” under Crawford v. Washington
Police questioning results in “testimonial” evidence if the primary purpose of the interrogation is “to establish or prove past events potentially relevant to later criminal...
The Duty to Disclose Includes the Duty to Preserve
Police officers fail to preserve a critical piece of evidence, in this case a video recording taken of the incident in question. The defendant moves...
Why The Truth Doesn’t Matter At Trial
One of my favorite episodes from the old T.V. show “All In The Family” involved a situation in which an African-American repairman came to the...
Do the Exclusionary Rules Deter Illegal Conduct?
McCormick on Evidence points out that you should avoid referring to “the exclusionary rule” in the singular: Discussions sometimes assume the existence of “the exclusionary...