In both criminal trials as well as the civil cases often the outcome hinges on a witness statement that is hearsay (out of court statement) but admissible under one of the exceptions. The Court of Appeals in Sims v. U.S., decided on August 15, 2019, expanded and explained in details the admissibility of the “present sense impression” exception to the hearsay rule. Sims was convicted of murder at trial and a significant corroborating evidence was introduced through the present sense impression statement/exception to the hearsay rule. One of witnesses at trial testified that he arrived to the scene shortly after
Read More
LEGAL ELEMENTS FOR CHILD’S NAME CHANGE PETITION AFTER DC DIVORCE
The Court of Appeals in Melbourne v. Taylor[1], analyzed and opined on the legal standard for a parent to change the child’s name after separation and divorce. The general legal standard for a name change petition by either parents after separation or divorce is the best interests of the child criteria as listed in defined in the legal custody statute § 16-831: The child’s need for continuity of care and caretakers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; The
Read More
DC DUI RECENT CASELAW: WITHDRAW GUILTY PLEA
The Court of Appeals in Maddux v. D.C, decided on July 25, 2019, considered whether the defendant should be allowed to withdraw his guilty plea to DUI after sentencing. Before sentencing the burden on the defendant is “a fair and just reason” while after sentencing the burden elevated to “to correct manifest injustice, that is, justice demands withdrawal in the circumstances of the individual case. Maddux’s central argument was that the Magistrate Judge pushed and coerced plea bargaining by threatening to detain him pending trial and pre-trial while making clear he would be treated as a first-time offender with a
Read More
APPELLATE PROCESS IN THE FAMILY CASES
In most family cases, the litigation does not and should not end by the Associate Judge or the Magistrate Judge’s final ruling. As these cases are not jury demandable, often times the assigned Judge may issue multiple rulings, including final decree of divorce, division of property, alimony and child support as well as the physical and legal custody of the children. Significant and life altering decisions and all by a single Judge who may be subjectively objective. And although most family judges are experienced, fair and equitable in dispensing decisions well supported in fact and law – there are cases
Read More
BALLISTIC IMAGING EVIDENCE — DISPOSITIVE? NOT EXACTLY …
The Court of in Williams v. U.S., decided on June 27, 2019, reiterated the legal standard for admissibility and reliability of the ballistic scientific evidence. Williams was convicted of felony murder and one of key pieces of evidence against him was a testimony of the ballistic expert who had matched the toolmarks of a weapon found in the defendant’s home against the bullet shells found at the crime scene. The expert at trial had testified with certainty that the ballistic imaging was a 100 percent match. The Court of Appeals held that there was a lack of scientific data to
Read More
DC CHILD SUPPORT & STATUTE OF LIMITATION
The Court of Appeals in Massey v. Massey, decided on June 20, 2019, highlighted statute of limitation on child support payments. Massey who owed over several thousand dollars of arrears in child support had petitioned the court for his support payment to be erased relying on the “Debt Statute of Limitations”. The Court of Appeal affirming the lower court decision ruled that essentially the debt of child support in arrears would be erased after the twelve year statutory period from the last payments due. Specifically, support payments constitute judgment debts as each installment becomes due and payable. As such, the
Read More
ASSAULT CHARGE REVERSED DUE TO 6TH AMENDMENT VIOLATION
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
Read More
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
Read More
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
Read More
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,
Read More