Notes from practice · D.C. Superior Court
Judge Easterly Lets The Facts Speak For Themselves In Damning the Government for Brady Violations
You suspect it happens all the time: the prosecutor withholds exculpatory information from the defendant, thereby preventing the defendant from mounting an effective defense. The...
When Police Officers Shade Their Testimony
“Runner!” This is what one police officer yells to the other two officers, and all three officers take off in pursuit of a suspect who...
Taking The Fall For A Client
If you work for the federal government, you have a boss. Depending on the structure and size of an organization, staffers normally work for a...
Thank You For Not Coaching Your Witness
We should be able to take it for granted that the other side will not coach its witnesses. But this is not an ideal world. ...
On lawyers who take on more than they can handle
Back when I worked for the federal government, there were some employees who were really, really busy. You knew this because their offices were a...
Pet Peeves: On Prosecutors and Professionalism
Whenever you walk into a store, it doesn’t matter how busy the staff may be, the clerk should immediately acknowledge your presence. Good afternoon, sir,...
On getting your own witness locked up
Jamison Koehler
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11/19/2012
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I put our star witness in jail. I have heard about prosecutors being slammed for doing this. One of my adjunct professors in law school...
The Ethical Obligations of a Prosecutor
According to Rule 3.8 of the D.C. Rules of Professional Conduct, a prosecutor in a criminal case shall not: “[i]ntentionally fail to disclose to the...
Open Letter to an Honest Cop
Dear Officer Parrish: A couple of weeks ago, I cross-examined one of your colleagues from the 3rd District. The issue at that hearing was similar...
Joseph Rakofsky’s Former Client Sentenced to 10 Years
Jamison Koehler
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05/04/2012
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After pleading guilty to involuntary manslaughter, Dontrell Deaner has been sentenced to 10 years in prison, to be followed by 5 years of supervised probation....
Do Your Job, Mr. Prosecutor. And Turn Over the Evidence.
Jamison Koehler
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05/04/2012
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The prosecutor has acknowledged that he should have turned over certain information to defense attorneys. That is what he says today. The case was back...
Checking The Rules. Checking Them Twice.
Jamison Koehler
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04/26/2012
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One of the things I miss most about working at the public defender’s office was the ability to get immediate feedback from colleagues on an...
Get Out of My Office: A Hypothetical Interview With a Potential Client
Jamison Koehler
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03/22/2012
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A woman and her son come into the office for a consultation. At the end of the hour, the woman turns to me and tells...
Grace. Class. Loyalty to the Client.
“I want a new lawyer.” The defendant and his lawyer have clearly had some type of disagreement, and this is what the defendant, standing...
That Was The Right Decision, Judge. No Matter What I Said.
One of the first things they told us during the training for court-appointed juvenile cases was that we should never allow ourselves to become...