Defining “possession, custody, or control” for Rule 16 purposes

D.C. criminal defense attorney

In Weems v. United States, 191 A.3d 296 (D.C. 2018), the D.C. Court of Appeals defines “possession, custody, or control” for purposes of Rule 16.

Client acquitted of destruction of property

D.C. Criminal Defense lawyer

The evidence suggested that our client intended to exit the store, not damage property. There was also a question as to who actually broke the door.

Unlawful entry: Barring notice must be valid

In unlawful entry cases in which the defendant is charged with violating a DCHA barring order, the underlying order must be authorized by D.C. statute.

“Present Sense Impression” in Sims v. United States

D.C. criminal defense lawyer

In addition to contemporaneity and spontaneity, the proponent of a “present sense impression” hearsay exception must prove that the declarant personally perceived the event described.

Re-cross examination in Green v. United States

examination graffiti

If the government introduces new evidence during re-direct examination, the defense has a constitutional right to question the witness about that new evidence.

Unlawful Entry in Rahman v. United States

unlawful entry graffiti

The court found in Rahman v. U.S. that remaining in a restaurant for 10 minutes after being asked to leave was sufficient to be found guilty of unlawful entry.

Leaving After Colliding in D.C. requires proof of mens rea

Proving mens rea in DC

In Crawford v. D.C., the Court of Appeals confirmed that the Leaving After Colliding statute requires the government to prove mens rea.

High v. U.S.: Not Every Cross Word Directed at a Cop is Criminal

I tried to argue a while back that, when it comes to D.C.’s statute on Threats to do Bodily Harm, parking enforcement officers should be considered to be particularly immune to threats. After all, they are used to… Read More

Mayhand v. U.S.: “A Statement is Not an Excited Utterance Unless the Declarant is Manifestly Overcome by Excitement or in Shock.”

D.C. criminal defense lawyer

D.C. Court of Appeals Judge Catharine Easterly writes what I think. The difference is that she finds the words that elude me. And the words she writes impact D.C. law. Her impact continues in Antoine Mayhand v. United… Read More

Teneyck v. U.S.: What is Significant Bodily Injury Under the Felony Assault Statute?

The D.C. Court of Appeals has issued a number of opinions over the last couple of years in which it has refined the definition of “significant bodily injury” under D.C.’s felony assault statute. In Nero v. United States,… Read More