Tag Archives: dc child custody lawyer

–BEARING AND CARRYING HANDGUN IN THE DISTRICT –

The District Court Senior Judge Scullin on July 24, 2014, enjoined the District from enforcing both the handgun registration for home-use only provision as well as the statute criminalizing carrying handgun in public. Specifically the court ordered: ORDERS that Defendants, … Continue reading

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RECENT COURT OF APPEALS DECISION: STATUTORY DEFINITION, CARRYING A DANGEROUS WEAPON:

The Court of Appeals on July 31, 2014, in IN RE D.R. (No. 11-FS-1320), both reversed a conviction for insufficiently of evidence and also remanded the case to the trial court. Appellant, D.R., was convicted at trial of four criminal … Continue reading

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COURT OF APPEALS REVERSES ON 4TH AMENDMENT GROUNDS

In the recent Court of Appeals case: In re D.M. (11-FS—1125) decided on July 10, 2014, the Court reversed the lower court conviction for second- degree burglary, felony destruction of property, and second-degree theft based on 4th amendment violations. Essentially … 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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RECENT COURT OF APPEALS RULING REVERSING TERMINATION OF PARENTAL RIGHTS (TPR) —

In the recent opinion issued by the Court of Appeals in IN RE D.M.; T.M., (March 13, 2014), the Court once again articulated that when a biological parent is unable to care for his or her child, her choice of … Continue reading

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DC MARIJUNA USE/POSSESSION LAWS AND THE PROPOSED/ENACTED 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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De Factor Parent/Third Party Custody Actions: Legal Principles and Recent Relevant Court of Appeals Case:

In the District, the child custody statute extends rights upon third party and de factor parent custodians. That is, if an individual can establish by clear and convincing evidence that he/she is either a de facto parent or a third … 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 RULING

In another recent opinion issued by the Court of Appeals, the Court applied the same legal principles emphasized and enumerated in IN RE TA. L. (No. 11-FS-01217, 2013 WL 4779715), also recently issued on August 22, 2013 – but with … Continue reading

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