Notes from practice · D.C. Superior Court

Koehler Law client found not guilty after D.C. simple assault trial
A Koehler Law client was acquitted of simple assault after trial last week in D.C. Superior Court. Our client was charged with simple assault after...

On interacting with the jury after trial
Trying to read the jury can be a humbling experience. Many years ago, during a DUI trial in D.C., I was encouraged by a young...

“Not guilty” in two cases and on all counts
Trials can be challenging. The stakes are high, and the pressure can be unrelenting. I have been feeling the strain. It was therefore particularly gratifying...

Trial transcript: Exposing your rookie partner to firearm
Q: . . . Officer. Based on the still shots I have just reviewed with you, do you see anywhere where Mr. Smith grabs his...

Looking for “white spaces” in the prosecution’s case
Experienced criminal defense attorneys have taught me to to look for “white spaces” in the government’s case.; that is, to focus on what is NOT...

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....

Lousy plea offers. More trials.
We got spoiled during the pandemic with favorable plea offers. The government was trying to resolve as many cases as possible. Those times are over....

Trial Transcript: “Bad karma” and other deadly threats
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...

Cross-examining the “unreliable narrator”
Our goal as criminal defense attorneys is to turn opposing witnesses into unreliable narrators: Storytellers who should be punished for violating our trust....

Performance theater serving a purpose
Sometimes you need to say things for no other reason than that the client will hear you....

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

Beating an attempted drug possession case
Now that DFS has lost its accreditation, the government is looking for creative ways to prosecute drug possession cases, including amending the charges to attempted...

Cross-examining a GRU officer
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)...

People are naturally contrarian
People are, I believe, naturally contrarian. The question is how to use this phenomenon to your advantage at trial....

Is it a ledger? Or is it an address book?
One man’s address book is another person’s ledger....
