Notes from practice · D.C. Superior Court
On the declaration of a mistrial in Walker v. U.S.
A mistrial, the Court held, cannot be declared over defense objection unless “manifest necessity” requires it. A hung jury is one example of manifest necessary....
Narrowing the definition of kidnapping in Cardozo v U.S.
To “hold or detain somebody in the context of the District’s kidnapping statute . . . means to detain them for a substantial period of...
Editorializing about Miranda rights in Green v. U.S.
Although police officers are not required to read the Miranda rights verbatim, any editorializing risks confusing the suspect, thereby nullifying the warning....
Cross-examination on a “confidential location”
“Confidential location.” An officer utters these two words in a drug case, and the court automatically shuts down all related cross-examination....
Storming the Capitol in Larson-Olson v. U.S.
It was hard to argue that there was insufficient evidence to convict Larson-Olson of unlawful entry when recordings showed defendant struggling with police....
On 4th Amendment seizures and abandoned property in U.S. v. Pope
When is a person seized for Fourth Amendment purposes? When is a piece of property abandoned such that there is no longer reasonable expectation of...
Ode to a legal career
When I say how good Emma would be at the practice of law, her mother — my little sister — points out that Emma is...
On receiving stolen property in Lucas
According to recent D.C. Court of Appeals decision, “possesses” stolen property refers to the continuing act of being in possession of the property, not the...
Evans v. U.S.: More on the innocent possession of a firearm
According to the “innocent possession of a firearm” defense in D.C., it is permissible to use in self-defense what might otherwise be an unlawful firearm....
On the fumbling hand of counsel
Jamison Koehler
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11/15/2023
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According to the 6th Amendment, the lawyer who accepts representation in a criminal case must affirmatively assist with the defense, thereby advancing it....
Limiting re-cross examination in Sanchez v. U.S.
Criminal defendants have a constitutional right to confront their accusers. In D.C., however, this right does not necessarily extend to recross examination....
T.W. and the “jump out” cops in D.C.
All over the District, young black men are lifting their shirts to show their waists as the unmarked cars cruise past. This is because of...
On searching a car after POCA arrest in Smith v. U.S.
Even if officers had legal basis for searching the car based on the fact that POCA is an arrestable offense, they still did not have...
On ineffective assistance of counsel in Dugger v. U.S.
Jamison Koehler
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09/02/2023
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A seasoned criminal defense lawyer was replaced by someone who had never before tried a criminal case. Not surprisingly, things did not go well for...
On “true threats” in Counterman v. Colorado
For a threat to be unprotected by the First Amendment, the prosecution must prove that the defendant subjectively understood that the statement could be perceived...