D.C. skyline

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

Jamison KoehlerLegal Concepts/Principles, Opinions/Cases

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 reminds both parties — the inmate and the family member or friend he is speaking with – that the conversation is being …

U.S. Capitol building

Attempted Battery Assault in D.C. is a “Specific Intent” Offense

Jamison KoehlerAssault, Legal Concepts/Principles, Opinions/Cases

In law school and in preparing for the Bar Exam, we were taught the distinction between general intent and specific intent crimes. If it is a general intent offense, the government must prove only that the defendant intended to take the physical action that resulted in the harm; that is, that the defendant’s actions were not the result of a …

U.S. Capitol Building

Interpreting “Joint Constructive Possession” in Tamara Smith v. U.S.

Jamison KoehlerCriminal Procedure, Legal Concepts/Principles, Opinions/Cases

If constructive possession is a legal fiction, then joint constructive possession is a double legal fiction. It is not only that you do not actually possess the article in question (and by actual possession, I mean physical occupancy or control over the property). It is that other people – it could be one person, it could be four other people …

U.S. Capitol Building

What is a “Testimonial Statement” under Crawford v. Washington?

Jamison KoehlerEvidence, Legal Concepts/Principles, Opinions/Cases

You know you are in trouble the moment the judge refers to “that Supreme Court case on confrontation.”  He adds: “Robinson I think it is called.” The judge is a highly respected senior judge.   Although you realize he doesn’t do many criminal cases, you are still somewhat taken aback by his comment. Robinson?  Are you kidding me? Standing there with …

U.S. Capitol building

Longus v. U.S.: On Bias, Extrinsic Evidence, and the Collateral Fact Rule

Jamison KoehlerEvidence, Legal Concepts/Principles, Opinions/Cases

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 of the case.”  That is McCormick on Evidence, and it is the clearest, most accurate definition I have ever seen of what constitutes bias. McCormick continues: “[B]ias, or any acts, relationships, or motives reasonably likely to produce …

D.C. skyline

Acta Exteriora Indicant Interiora Secreta

Jamison KoehlerLegal Concepts/Principles

Today’s legal maxim is not particularly eloquent, in either Latin (acta exteriora indicant interiora secreta) or English (“outward acts indicate the thoughts hidden within”). But I include it today because it deals with intent, which is a key concept in criminal law. Men rea (or “state of mind”) is an element of most criminal offenses. And since the finder of …

Jefferson Memorial

Defining “Readily Available” in Clyburn v. U.S.

Jamison KoehlerFirearms/Weapons, Legal Concepts/Principles, Opinions/Cases

You can be sitting at work and “constructively possess” something tucked away in your bedroom closet at home. It is not whether you actually physically possess the piece of property at the time; it is whether you have the “power and intent” to control it.  And you are presumed to both know about and have the power to control the …

Once Again, No Consequences for Prosecutorial Misconduct

Jamison KoehlerCriminal Procedure, Legal Concepts/Principles, Opinions/Cases

On the morning of trial, the prosecutor finds out that the testimony provided by a police officer at the preliminary hearing was inaccurate. Although the prosecutor himself is not planning to call this particular police officer to testify at trial, he knows that the defense attorney is. So what does prosecutor do?  Does he immediately contact the defense attorney to …