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
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Monthly Archives December 2013
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
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