Notes from practice · D.C. Superior Court
Criticizing trial court, Court of Appeals reverses gun convictions
The D.C. Court of Appeals recently reversed four firearm convictions after concluding that police lacked reasonable articulable suspicion to stop the defendant. But Johnson v. United...
“True Threats” and Stalking in Rokhvand v. Herzfeld
The D.C. Court of Appeals recently clarified what constitutes a “true threat” for purposes of the District’s stalking statute. In Rokhvand v. Herzfeld, 2026 D.C. App....
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 the doctrine of “inherent incredibility” in Carrington
The D.C. Court of Appeals will typically defer to the trial judge on any question pertaining to the credibility of a witness. After all, it...
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...
When is D.C. person seized for Fourth Amendment purposes?
The first question in any case in which the legality of a Fourth Amendment search is being challenged is when the seizure occurred. The next...
Defining a “high crime area” in Mayo v. U.S.
“High crime area.” Police officers invoke this phrase all the time. Like “furtive movements, “suspicious bulge” or “excited utterance, it is a legal sounding phrase...
On the withdrawal of consent in Ford v. U.S.
A defendant can consent to a Fourth Amendment search or seizure, thereby obviating the need for a warrant. A defendant can limit the scope of...
On the “plain feel” doctrine in Ford v. U.S.
Absent a valid exception, “searches and seizures” without a warrant are presumptively unreasonable under the Fourth Amendment. As one exception to the warrant requirement, the...
On the Victims of Violent Crime Fund (VVCF) in D.C.
The Victims of Violent Crime Fund (VVCF) in D.C. provides financial assistance to victims of violent crimes and their families. Funded primarily by court-ordered fees...
Defining a “Testimonial Statement” under Crawford
The Proof of the Common Law is by witness and jury: let Cobham he here, let him speak it. Call my accuser before my face...
On “reliable hearsay” in Parker/Rollerson
Hearsay is presumptively unreliable. That is why the law makes it so difficult to introduce hearsay into evidence. McCormick on Evidence § 244 refers...
Unlawful entry and the “independent justification requirement”
Jamison Koehler
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07/06/2025
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According to the “independent justification” requirement, an order to leave public property must be given by a person with authority based on some established policy,...
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...