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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Monthly Archives November 2015
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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