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Tag Archives: dc criminal lawyer
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
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
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
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
This blog highlights some of the drastic changes to the drinking and driving law in the District. The DC Comprehensive Impaired Driving Act of 2012 increased significantly (doubled) the penalties for drinking and driving and also increased the mandatory minimum … Continue reading
LEGAL ELEMENTS Generally a TPO petition/affidavit is filed under oath attesting that the safety and welfare of the petitioner/affiant and/or a household member is imminently endangered by the respondent’s conduct and thus an immediate relief in form of a court … Continue reading
PETITIONER’S FTINESS FINDING IN THE ADOPTION PROCEEDINGS: RELEVANT CASES AND THE STATUTORY PROVISIONS
This blog addresses legal principles applicable to the court’s fitness finding in the adoption cases when the health or fitness of the adoptive petitioner is at issue. There are statutory provisions that address both fitness as well as health of … Continue reading
Often times in the neglect and abuse, termination of parental rights, and adoption litigation — the child’s testimony can tip the scale one way or another. Under the adoption statute, the child’s position, if the child is fourteen or older, … Continue reading
ENTIRE MOSAIC OF THE CHILD’S LIFE –- A LEGAL PRINCIPLE OR AN EXCUSE TO LET ALL NON-ADMISSIBLE EVIDENCE IN?
The pinnacle case that first defined and expounded on the “entire mosaic” of the child life was: In re. S.K., 564 A.2d 1382 (DC 1989). The case was about excessive physical discipline of a child who had set her bed … Continue reading
The recent Court of Appeals decision in IN RE. M.F. (No. 08-FS-733, Sept. 27, 2012), highlights how the litigation errors made at the trial level can tip the balance on the appeal. At issue, in part, was statements admitted by … Continue reading