Notes from practice · D.C. Superior Court
What is a “Testimonial Statement” under Crawford v. Washington?
Crawford held that a “testimonial” statement can only be admitted if: (1) the government can prove that the witness was unavailable to testify, and (2)...
“Call my accuser before my face . . .”
Right to confrontation applies to testimonial statements of a non-appearing witness unless (1) the witness is unavailable and (2) the witness was subject to prior...
Lazo v. U.S.: A Court’s Duty To Investigate a Jencks Act Violation
The Jencks Act,18 U.S.C § 3500, requires the prosecution to turn over any “statement” of a prosecution witness that relates to subject matter at issue....
Mason v. U.S.: When Is A Prior Consistent Statement Admissible?
The general rule on “bolstering” is that you are not allowed to sing the praises of your own witness until that witness has been challenged...
On bias, extrinsic evidence, and other matters in Longus v. U.S.
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...
Myers v. U.S.: What is “knowing” possession of a firearm?
Previously convicted of a felony, Michael Myers was arrested while carrying a garbage bag that contained the disassembled parts of a shotgun. Was he guilty...
D.C. v. Loftus: Operating on a suspended license is strict liability offense
Driving without a license has long been a strict liability criminal offense in D.C. That is, in order to secure a conviction for this offense,...
Defining “Readily Available” in Clyburn v. U.S.
“Readily available” is defined in Washington, D.C. as being in close proximity or easily accessible during commission of crime of violence/dangerous crime....
Once Again, No Consequences for Prosecutorial Misconduct
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...
Toward an “open file” discovery requirement
If Brady provides a constitutionally protected right to information, legislatures in this country should provide a mechanism to enforce this requirement....
Wynn v. US: Clarification of “Obstruction of Justice” in D.C.
According to D.C. Court of Appeals decision in Wynn v. United States, the actions of police officers responding to a crime scene do not fall...
Same Standard, Different Penalties for Drinking-and-Driving in DC
The standard for proving operating while impaired and driving under the influence is the same; specifically, impaired driving ability to slightest degree....
Interpreting Arizona v. Gant’s “Reasonable Belief” Standard for Car Searches
According to U.S. v. Taylor, police must have reasonable belief for suspecting criminal activity in order to justify a warrantless car search under Gant....
In Re D.M.: When Can You Dismiss a Juvenile Case for “Social Reasons”?
The problem with using a canon of statutory interpretation to justify a legal opinion is that you can usually find some other canon to arrive...
What Is “Unprovoked Flight” Under Illinois v. Wardlow?
Flight hasn’t always been such a terrible thing. At one time, courts seemed to recognize that there might be all sorts of reasons an innocent...