Tag Archives: criminal law dc

SCIENTIFIC EVIDENCE AND EYEWITNESS IDENTIFICATION: RECENT DECISION

The DC Court of Appeals recently in IN RE L.C., (10-FS-709) vacated the conviction for carjacking and assault with intent to commit robbery and remanded the case to the trial court for determination as to the admissibility of the expert … Continue reading

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SEARCH OF THE CELL PHONE INCIDENT TO AN ARREST, PERMISSIBLE? TO BE DETERMINED: US v. WURIE:

The Supreme Court on April 29, 2014, heard oral arguments in U.S. v. Wurie, a case testing yet again the boundaries of law and technology with compelling argument on both sides. Brima Wurie was arrested in 2007 after a drug … Continue reading

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RETURN FOR REWARD DEFENSE IN RECEIVING STOLEN PROPERTY CASES

The DC Court of Appeals in LIHLAKHAV.  U.S, issued recently on April 24, 2014, was presented for the first time with a case with a factual background to consider and analyze a “return for reward defense” in connection with a … Continue reading

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DC MARIJUNA USE/POSSESSION LAWS AND THE PROPOSED BILL:

Currently the criminal Statute in the District penalizes simple possession of marijuana and the imposed penalties are maximum 180 days/$1000 fine, specifically: “It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was … Continue reading

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RECENT COURT OF APPEALS REVERSAL ON INSUFFICIENCY OF EVIDENCE

The Court of Appeals in a recent decision issued on December 19, 2013, James M. Schools v. US (12-CM-1448) reversed the conviction for unlawful possession of firearm and ammunition. Specifically, the jury had convicted the appellant Schools of unlawful possession … Continue reading

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RECENT COURT OF APPEALS REMAND ON THE DOCTRINE OF COLLATERAL ESTOPPEL

The recent Court of Appeals decision in Thomas v. United States on October 24, 2013, reiterates the doctrine of collateral estoppel.  The issue in the case was whether a retrial on certain counts was barred due to collateral estoppel.  Thomas … Continue reading

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RECENT COURT OF APPEALS NEGLECT REVERSAL

In yet another recent case, it appears that the Court of Appeals has gradually shifted the standard of review in favor of the biological parent and the parental rights and preferences.  In the previously blogged and reviewed cases, the competing … Continue reading

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RECENT DC COURT OF APPEALS CASE DEFINING “WEIGHTY CONSIDERATION”

The recent Court of Appeals case on a competing adoption petition litigation issued on August 22, 2013 (citation below) defined with more specificity the meaning of “weighty consideration” given to parents’ choice of a fit custodian.  Here the parents whom … Continue reading

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DC COURT OF APPEALS REVERSES FINDING OF NEGLECT

The Court of Appeals on July 25, 2013 in IN RE ANG.P. & AND.P.; (Nos. 11-FS-1584 & 11-FS-1585), reversed the lower court finding of neglect against a biological mother who was charged with neglecting her children by leaving them without … Continue reading

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RECENT SUPREME COURT DECISION LEGALIZING DNA SWAP UPON ARREST

The US Supreme Court on June 3, 2013 in Maryland v. King (No. 12–207) and in a 5-4 narrow decision legalized taking the arrestee’s DNA sample along with the fingerprinting and mug shots. The case was initiated in the MD … Continue reading

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