Looking for “white spaces” in the prosecution’s case

Jamison KoehlerDUI and Driving Offenses, Trial Advocacy

As a junior public defender in Philadelphia, I was always impressed when watching an experienced criminal defense lawyer conduct a cross-examination. I am thinking of Brian McMonagle, who at one point represented Bill Cosby. Or Scott DiClaudio, who is now a controversial judge in Philadelphia. Or Jamie Funt who, as far as I can tell, is still practicing criminal defense …

Limiting recross examination in Sanchez v. U.S.

Jamison KoehlerEvidence, Opinions/Cases, Trial Advocacy

D.C. Superior Court judges do not typically allow re-cross examinations.  Yes, you have a constitutional right to confront witnesses against you in a criminal proceeding.  But, with judges enjoying widespread discretion to oversee the proceedings, this right is not without its limits.   The defendant in Gabriel Sanchez v. United States, 287 A.3d 1241 (D.C. 2023), was charged with Assault with Intent to Kill …

Lousy plea offers. More trials.

Jamison KoehlerCriminal Procedure, D.C. Superior Court, Sentencing, Trial Advocacy

During the pandemic, criminal defense lawyers got spoiled with the favorable plea offers.  With dockets backing up, the government was desperate to resolve cases through non-trial dispositions.  One prosecutor compared it to a “fire sale.” Those times are over. I have noticed this.  My colleagues have noticed this.  And a long-time judge on the felony calendar who knows about these …

D.C. criminal defense lawyer

Trial Transcript: “Bad karma” and other deadly threats

Jamison KoehlerDomestic Violence, Trial Advocacy

BY RESPONDENT’S COUNSEL Q:     Okay.  And at some point – Mr. Jones is from Russia, right? A:      Yes. Q:     And at some point he came back to the United States and he sought to re-initiate his romantic relationship with you, right? A:      Yes. Q:     And – and you were not interested in, in resuming that romantic relationship, right? A:      Correct. …

Baltimore graffiti

I told you so

Jamison KoehlerTrial Advocacy

Sometimes you need to exercise your right to remain silent. Sometimes you should take your lawyer’s advice.

Photo of GRU

Cross-examining a GRU officer

Jamison KoehlerTrial Advocacy

I won a motion to suppress in a drug case yesterday.  The win was particularly gratifying in that it involved the notorious gun recovery unit (GRU) from the Metropolitan Police Department.   One of the lead officers for the GRU testified for the government, and he was a difficult witness:  He would not concede a thing. I usually begin with some innocuous questions. …