Tag Archives: dc criminal lawyer

D.C. Marijuana Legalization Initiative 71

D.C., Marijuana Legalization, Initiative 71 is on the ballot for the November elections and it is anticipated that it would get enough votes to pass. However the passage of the initiative is not tantamount to legalization. The initiative would need … 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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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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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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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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DC COURT OF APPEALS REVERSES CONVICTION DUE TO UNCORROBORATED CONFESSION:

The Court of Appeals recently in IN RE KA (No. 10-FS-1614, Feb. 2013) reversed K.A.’s weapons possession charges focusing on the governing legal principles of convictions based on confessions alone and the necessary corroboration in support thereof. The Court reiterated … Continue reading

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