In PANNELL v. U. S., decided on April 7, 2016, the Court of Appeals reversed a Possession of Control Substance (PCP) conviction and remanded for the conviction to be vacated as there was insufficient evidence to convict based on the theory of constructive possession. Here, the undercover Officer had pulled over a vehicle with two front seat occupants. Two PCP cigarettes were found in the middle console closer to the passenger side seat than the driver. Assuming based on that proximity that the cigarettes belonged to Pannell, he was arrested and charged while the driver without being searched was given
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Archives for Criminal Defense
BAIL REFORM ACT CONVICTION REVERSED
The Court of Appeals in STERLING P. EVANS v. UNITED STATES, decided on March 17, 2016, reversed a Bail Reform Act violation conviction and remanded the matter for further consideration by the trial court. Evans was arrested and charged with possession and failed to appear for his hearing because he did not correctly remember or recollect the date of his scheduled court appearance. He believed he was due in court two days after the actual day due in court. Bench warrant was issued he was picked up on BRA charge and conviction subject of this appeal. Specifically, Evans testified and
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DC PROSTITUTION-SOLICITATION LAWYER/LAWS
This blog expands and highlights some of the statutory penalties as well as definitions relating to prostitution, solicitation, procuring and pandering for prostitution. Prostitution is generally defined as exchange of sexual act or contact in return for money. The elements of the crime require meeting of minds. That is there must be some basic agreement offering money for sex. Often times the solicitation or prostitution charges are brought via under cover sting operation. In these operations, the decoy (police officer) entices solicitation and as soon as an agreement in principle is made to exchange money for sex, the back up
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RECENT COURT OF APPEALS DECISION: REVERSAL OF BURGLARY CHARGE
The Court of Appeals in SYDNOR v. UNITED STATES decided on January 14, 2016, reversed the lower court’s burglary conviction and issued an order for the trial court to enter a judgment for unlawful entry instead. The evidence revealed that the appellant had entered a fenced construction site and had removed steal pipes from the yard. The burglary statute in part states: “whoever shall, either in the night or in the daytime, break and enter, or enter without breaking, . . . any yard where any lumber, coal, or other goods or chattels are deposited and kept for the purpose
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RECENT COURT OF APPEALS DECISION: ATTEMPTED THREATS REVERSAL
In Milton v. U.S., decided by the DC Court of Appeals on December 24, 2015, the Court reversed Milton’s conviction for attempted threats against the arresting police officer. Officers had responded to an unlawful entry call on July 5, 2015, and Milton having been identified as one of the culprits was placed under arrest, but while on the curbside and cuffed, uttered to one of the arresting officers that “take that gun and badge off and I’ll fuck you up,” and moreover, that “too bad it’s not like the old days where fucking up an officer is a misdemeanor.” These
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MIRANDA WARNING/CUSTODIAL INTERROGATION: DC CRIMINAL DEFESNE
In Morton v. U.S., the DC Court of Appeals recently reversed defendant’s conviction for one count of felony and one count of misdemeanor Receiving Stolen Property (RSP), due to Miranda violations denial of motion to suppress at the trial level. Officers had approached three individuals engaged in suspicious activity with their hands, appeared to be a drug transaction, Morton, one of three, began running as officers questioned the group – chase ensued and Morton dropped a wallet during chase which was later recovered. Morton was apprehended, chuffed and questioned about the wallet, why he had ran from the officers, questioned
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COURT OF APPEALS DECISION: REVERSING DRUG POSSESSION CONVICTION: DC DRUG LAWYER
In OLUSHOLA AKINMBONI V. UNITED STATES, decided on November 19, 2015, the Court of Appeals reversed the defendant’s conviction for possession of marijuana, BZP, and drug paraphernalia holding that the cellblock cavity search of the defendant was constitutionally impermissible. Here the defendant was pulled over during a valid traffic stop, and marijuana was observed in plain view and the arrest made. The next day at the courthouse cellblock, the defendant was searched again and during that search the US Marshall had observed plastic bags partially protruding from the defendant’s cavity. Defendant was ordered to remove the items (several bags) and
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REVERSING CONFESSION — DC CRIMINAL LAWYER
In Little v. U.S., decided on November 12, 2015, the issue was the constitutionality of the confession, which lead to conviction at trial with little or no collaborating independent evidence. Little was picked up on an abscondence warrant and suspected of being involved in an attempted car robbery and was ushered to the interrogating room. Mr. Little’s cell phone was found inside the car, and although he vehemently denied involvement initially – eventually after several hours of interrogation confessed to the crime. The issue on appeal was the voluntariness of the confession in light of the highly unconventional and aggressive
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MALICIOUS DESTRUCTION OF PROPERTY: RECENT COURT OF APPEALS DECISION
The Court of Appeals in LAWRENCE N. HARRIS v. UNITED STATES, decided on October 29, 2015, reversed the appellant’s conviction for malicious destruction of property. The appellant had shared a home with his mother and sister and while locked out of the property by her mother, the complaining witness, attempted to gain entrance by kicking the front door causing damage to the door and ultimately getting arrested. Appellant was convicted under D.C. Code § 22-303, which states: “[w]hoever maliciously injures or breaks or destroys, or attempts to injure or break or destroy, by fire or otherwise, any public or private
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Justice Department v. Apple Computer: IPHONE SEARCH AND SEIZURE
In an ongoing criminal investigation, the Justice Department in the Eastern District of NY, on October 9, 2015, requested an order pursuant to all Writs Act, 28 U.S.C. § 1651, to compel Apple to “disabl[e] the security of an Apple device that the government has lawfully seized pursuant to a warrant.” This case has brought to the forefront once again the balancing act between the need from the law enforcement to decode encrypted devices (the going dark problem), prevailing privacy issues, and the lack of Congressional authority to compel third party private manufacturers to cooperate with the government or to
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