The Court of Appeal in Green v. U.S., decided on June 13, 2019, reversed a simple assault conviction due to defendant’s 6th Amendment violation. Green was arrested after allegations of assault by his girlfriend, there was a contemporaneous 911 tape shortly after the assault reporting such. Green alleged at trial self-defense and that the complainant was the first aggressor. Defense counsel used portions of the 911 tape recording to challenge the credibility of the complainant. The government in turn admitted the entire 911 tape into the record and defense counsel requested re-direct of the witness based on the entire 911
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ESTABLISHING PATERNITY: PRESUMPTIONS AND CHALLENGES TO PATERNITY
In order to either file or move to establish child custody or child support, first parentage has to be established. There are several ways in which the court can make a parentage determination as outlined below. Presumption of Paternity In the District, father-child paternity is presumptive under the following circumstances: If the putative father and the child’s mother are married, or in a domestic partnership either at the time of conception or birth, or between conception and birth, and the child is born during the marriage or domestic partnership. If prior to the birth of the child, the putative father
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REVERSAL OF CONVICTIONS DUE TO CONSTITUTIONAL VIOLATIONS
The Court of Appeals in Hooks v. U.S., decided on May 30, 2019 reversed weapons and drug charges due to the defendant’s constitutional violations mainly the 4th Amendment. Hooks and few friends were in a barbeque gathering and an unmarked narcotics police car with was surveying the neighborhood and pulled in front the group. The officers zeroed on Hooks and one of them ordered Hooks to stand up from his lawn chair where a bag of marijuana exceeding a legal limit was protruding from his pocket and search incident to the arrest recovered a handgun. The Court expounded that the
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RECENT COURT OF APPEALS: ASSAULT CONVICTION REVERSED
The Court of Appeals in White v. U.S., decided on May 9, 2019, reversed an aggravated assault conviction while defining and expanding on the elements needed for conviction. There are three levels of assault charges in the District: Simple Assault: the lowest level requires minimal or no injury punishable by 180 days in jail. Assault with “significant bodily injury”: the intermediate assault level requiring by definition an injury that requires hospitalization or immediate medical attention, punishable by three years of jail time. Aggravated assault, serious bodily injury generally defined as: bodily injury that involves a substantial risk of death, unconsciousness,
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DC COURT OF APPEALS: MERE TOUCH NOT AN ASSAULT
The DC Court of Appeals in Hernandez v. U.S., in overturning an assault conviction provided much needed clarity and definition to the current DC Assault Statute. Section 22-404 of the statute provides two forms of assault: (a)(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined and or be imprisoned not more than 180 days, or both. (2) Whoever unlawfully assaults, or threatens another in a menacing manner, and intentionally, knowingly, or recklessly causes significant bodily injury to another shall be fined or be imprisoned not more than 3 years, or both. Significant bodily injury means: an injury
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COMMON LAW MARRIAGE: LEGAL ELEMENTS: SAME SEX COUPLES: DC DIVORCE LAWYER
The Court of Appeals in Gill v. Nostrand, decided on April 25, 2019, defined and analyzed the legal elements for common law marriage pertaining to same sex couples. Here Gill moved for legal separation against Nostrand requesting alimony and division of property shortly after Nostrand legally married another partner. The trial court in short determined that the relationship did not meet the requisite requirements of common law marriage, the Court of Appeals with further detailed analysis affirmed. In its ruling, the Court held that a party in a same-sex relationship must be given the opportunity to prove a common law
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REVERSAL DUE TO JURY SELECTION RACIAL DISCRIMINATION
The Court of Appeals in Haney v. U.S., decided on April 25, 2019, reversed and remanded the defendant’s weapons’ conviction based on the government’s peremptory jury strikes disproportionately excluded black jurors and black male from the jury pool. It is well established according to Batson rule that purposeful and intentional discrimination based on race or gender in the exercise of peremptory challenges is strictly prohibited. The Supreme Court had articulated in Batson a three-step process for analyzing discriminatory claims: There must be a prima facie showing that a peremptory challenge has been exercised due to race or gender; The prosecution
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CONSTITUTIONAL CLAIMS ARISING OUT OF REMOVAL OF CHILDREN DUE TO NEGLECT
The DC Court of Appeals in J.C v. D.C., reversed and remanded some of the constitutional claims raised by the biological parents after the removal of their eight months old twins due to the allegations of abuse and neglect. Factually, the parents had taken one of the babies to the Children’s hospital due to excessive vomiting, retching, and general irritability. At the hospital, the treating physician had diagnosed the child as suffering from “shaken baby syndrome” and the contacted Child Protection Services (“CPS”). CPS thus removed also the twin baby from the home in the middle of the night and
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LEGAL ELEMENTS FOR DC PERJURY & OBSTRUCTION OF JUSTICE
The Court of Appeals in Wilson v. U.S., decided on October 11, 2018, reversed and remanded Wilson’s conviction for Perjury as well as the Obstruction of Justice. In the District a person if guilty of obstruction of justice if that person: (1)Knowingly uses intimidation or physical force, threatens or corruption to persuade another person, or by means of a threatening letter or communication endeavors to influence, intimidate, or impede a juror in the discharge of the juror’s official duties; or an officer in any official proceeding, with intent to: Influence, delay, or prevent the truthful testimony of the person in
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ANNULMENT IN THE DISTRICT OF COLUMBIA: LEGAL ELEMENTS
In the District of Columbia, annulment of marriage has a limited scope. Specifically, marriage can only be annulled under the following circumstances: (1) where such marriage was contracted while either of the parties was previously married a former spouse living, unless the former marriage had been lawfully dissolved prior to the marriage. (2) where such marriage was contracted during the insanity of either party. If there is however voluntary cohabitation after the discovery of the insanity by either party – such may be ground for estoppel negating request for annulment. (3) where such marriage was procured by fraud or coercion:
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