The DC Court of Appeals recently in IN RE L.C., (10-FS-709) vacated the conviction for carjacking and assault with intent to commit robbery and remanded the case to the trial court for determination as to the admissibility of the expert testimony. According to the proffered evidence at trial, L.C. and another companion attacked the complaining witness and attempted to steal her car. Struggled ensued and the assailants escaped on foot and based on the look out given were stopped shortly thereafter in the vicinity and indentified by the complaining witness and charged. L.C.’s defense at trial was essentially one of
Read More
Archives for dc family lawyer
SEARCH OF THE CELL PHONE INCIDENT TO AN ARREST, PERMISSIBLE? TO BE DETERMINED: US v. WURIE:
The Supreme Court on April 29, 2014, heard oral arguments in U.S. v. Wurie, a case testing yet again the boundaries of law and technology with compelling argument on both sides. Brima Wurie was arrested in 2007 after a drug sale for distributing crack cocaine. After arrest, the officers looked through his cell phone which kept ringing and from reviewing the call log connected a number stored as “my house” to his actual house location. The officers then obtained a warrant for search of the house and confiscated substantially additional drugs and weapons form the home. The trial court did
Read More
RECENT COURT OF APPEALS RULING REVERSING TERMINATION OF PARENTAL RIGHTS (TPR) —
In the recent opinion issued by the Court of Appeals in IN RE D.M.; T.M., (March 13, 2014), the Court once again articulated that when a biological parent is unable to care for his or her child, her choice of a fit custodian must be given a weighty articulated consideration by the trial court. T.M., the biological mother of D.M., appealed successfully her termination of parental rights by the trial court. She argued on appeal that the lower court erred by “failing to give weighty consideration to the third-party custodial arrangement” she set forth as a placement option and in
Read More
De Facto Parent/Third Party Custody Actions: Legal Principles and Recent Relevant Court of Appeals Case:
In the District, the child custody statute extends rights upon third party and de factor parent custodians. That is, if an individual can establish by clear and convincing evidence that he/she is either a de facto parent or a third party custodian of a child – then the Statute allows for filing and litigating the custody action against the parent seeking order for grant of physical/legal custody to the third party custodian or to the de factor parent. Specifically, de facto parent is defined as an individual who has either: (i) Lived with the child in the same household at
Read More
RECENT COURT OF APPEALS REVERSAL ON INSUFFICIENCY OF EVIDENCE
The Court of Appeals in a recent decision issued on December 19, 2013, James M. Schools v. US (12-CM-1448) reversed the conviction for unlawful possession of firearm and ammunition. Specifically, the jury had convicted the appellant Schools of unlawful possession of a firearm by a felon, possession of an unregistered firearm, and unlawful possession of ammunition. Factually, the defendant was found in the back room of a two bedroom apartment during a search warrant. The apartment was occupied by other individuals, and although the defendant was found in control and possession of the narcotics found, the weapon and ammunition was
Read More
RECENT COURT OF APPEALS RULING
In another recent opinion issued by the Court of Appeals, the Court applied the same legal principles emphasized and enumerated in IN RE TA. L. (No. 11-FS-01217, 2013 WL 4779715), also recently issued on August 22, 2013 – but with entirely different outcome. The Court in In RE TA. L., clearly re-established that when the biological parents have designated a preferred custodian, the trial court can only overcome their choice by finding with clear and convincing evidence that their choice is contrary to the best interests of the child. There the Court ruled that the parents’ choice of custodian was
Read More
RECENT COURT OF APPEALS REMAND ON THE DOCTRINE OF COLLATERAL ESTOPPEL
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 was charged initially with five counts. The first trial resulted in the jury acquitting Thomas of ADW (assault with deadly weapon) and PFCV (possession of firearm during crime of violence), but hung on CPWL (carrying a pistol without a license) and UA (unlawful possession of ammunition). The trial court declared a mistrial on those counts as well as the fifth
Read More
RECENT COURT OF APPEALS NEGLECT REVERSAL
In yet another recent case, it appears that the Court of Appeals has gradually shifted the standard of review in favor of the biological parent and the parental rights and preferences. In the previously blogged and reviewed cases, the competing adoptions with a parental preference and a fit father’s custody filing — were both considered and analyzed – and in each of these recent cases, the Court had sided with the parental preference arguably raising the bar to overcome parental preferences and here to find neglect against a parent. In IN RE K.M., decided on September 12, 2013, the Court
Read More
RECENT DC COURT OF APPEALS CASE DEFINING “WEIGHTY CONSIDERATION”
The recent Court of Appeals case on a competing adoption petition litigation issued on August 22, 2013 (citation below) defined with more specificity the meaning of “weighty consideration” given to parents’ choice of a fit custodian. Here the parents whom have been adjudicated as having neglected their children consented to E.A., the great aunt’s adoption petition competing against W.s the foster parents. The attachment study that was conducted did not factor or involved the children’s attachment to E.A. In short, it was one sided attachment evaluation. The study clearly established though a secure attachment to W.s – the foster parents.
Read More
DC COURT OF APPEALS REVERSES FINDING OF NEGLECT
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 proper parenting, care and control. The legal standard specifically provides: a child is neglected if he or she “is without proper parental care or control, subsistence, education as required by law, or other care necessary for his or her physical, mental or emotional health, and the deprivation is not due to the lack of financial means of his or her
Read More