Tag Archives: dc dwi lawyer

COMMUNITY EXCEPTION TO WARRANTLESS SEARCHES — RECENT COURT DECISION

The Court of Appeals in Steven Davis v. U.S., in an opinion issued on February 26, 2015, expounded and analyzed the doctrine of “community exception” to warrantless search and seizure. Davis was convicted for possession of two zip lock bags … Continue reading

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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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RECENT COURT OF APPEALS REVERSAL —

The Court in Andrade v. U.S., (No. 13-CM-224), an opinion issued on January 8, 2015, reversed the assault conviction based on erroneous admission of testimonial evidence by the trial court. Specifically, appellant Andrade argued his 6th Amendment right to confront … 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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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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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/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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