Jefferson Memorial

Pet Peeves: On Prosecutors and Professionalism

Jamison Koehler Law Practice, Professional Responsibility/Ethics

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, the clerk should say.  I will be right with you. You forgive a lot once these words have been spoken. Please, you respond graciously.  Take your time.  And you mean it. The same principle should …

Once Again, No Consequences for Prosecutorial Misconduct

Jamison Koehler Criminal Procedure, Legal Concepts/Principles, Opinions/Cases

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 prosecutor himself is not planning to call this particular police officer to testify at trial, he knows that the defense attorney is. So what does prosecutor do?  Does he immediately contact the defense attorney to …

On Prison Tapes: Eavesdropping on Your Client

Jamison Koehler Criminal Procedure, Social Media and Technology

  I am dealing with a “hide-the-ball”-type prosecutor in Virginia. I have gotten spoiled from working with D.C. prosecutors; they are usually pretty upfront about what they have against your client.  There are no ambushes or surprises.  Your client has better information in deciding whether to plea.  Everyone is better off for it. This is not that kind of prosecutor.  …