Notes from practice · D.C. Superior Court
Narrowing the scope of D.C.’s stalking statute in Mashaud v. Boone
Jamison Koehler
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07/14/2023
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In Mashaud v. Boone, the D.C. Court of Appeals limited the scope of unprotected speech under District’s stalking statute to threats, obscenity, defamation, fraud, incitement,...
On “offensive touching” assault in D.C.
The defendant “poked” the complainant somewhere on the body after having been specifically admonished not to do so. Such an “offensive touching” constituted a criminal assault. ...
The “Rule of Lenity” in D.C.
Jamison Koehler
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06/12/2022
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According to the “Rule of Lenity,” a court should construe any ambiguity in the language of a criminal statute in favor of the defendant....
On the “Claim of Right” Defense in D.C.
Jamison Koehler
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03/14/2022
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Although “claim of right” is a valid defense to robbery and other theft offenses, the defense fails when the defendant takes more than the property...
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 reasonable suspicion in Funderburk
Police had the requisite legal basis – reasonable suspicion – to assume that one of four people present after gunshots were heard was the shooter....
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...
Criminal threat requires ability to follow through
Telling someone that you will “slap” his/her “bitch ass” is threatening on its face. But criminal threats require the ability to follow through....
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...
Withdrawing consent for a search
Although a person can always revoke consent to a warrantless search, such a withdrawal of permission must be clearly and unequivocally communicated. So held the...
On the “buyer’s agent” defense in Simms
There is a “buyer’s agent” defense in D.C. after all – at least with respect to drug distribution charges involving marijuana....
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...
“Touching” versus “feeling” in Augustin v. United States
For purposes of the misdemeanor sexual assault of minors statute, the D.C. Court of Appeals refused to limit the definition of “touch” to the act...
Unlawful Entry in D.C.: Odumn v. United States
According to D.C. Court of Appeals decision in Odumn v. United States, “a landlord may not prohibit a tenant from inviting a third party onto...