Tag Archives: dc child custody lawyer

RECENT COURT OF APPEALS RULING — CRIMINAL SENTENCING LAWS

In Tibbs v. United States (No. 13-CF-1425), decided on January 15, 2015, the Court of Appeals remanded the matter to the trial court for further consideration due to criminal sentencing irregularities. Defendant Tibbs sought to withdraw a guilty plea to … Continue reading

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DERIVATIVE EVIDENCE OF ILLEGAL STOP: RECENT COURT OF APPEALS DECISION

The DC Court of Appeals in Ken E. Smith v. U.S., on December 4, 2014, reversed a lower court drug conviction and denial of motion to suppress based on the tainted derivative evidence doctrine, which excludes all evidence — primary … Continue reading

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RECENT DC COURT OF APPEALS REVERSAL

The Court of Appeals in IN RE J.W. (DEL-1326-12) decided on October 9, 2014, vacated and reversed J.W.’s conviction for “possession of implements of crime.” J.W. and another juvenile were seen near a Vespa scooter chained to a fence. J.W. … Continue reading

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–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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