The Court of Appeals in Dawkins v. U.S., decide on July 26, 2018, reversed a manslaughter conviction based on erroneous and incomplete jury instructions on technicalities of the self-defense law and its application. An effective employment of self-defense can negate or diffuse the malice of an intentional act. That is, even an intentional killing based on a valid self-defense is not malicious and thus it is excused and accordingly no crime at all. Here the defendant was in a fistfight with the victim and as the fight escalated, the defendant fatally stabbed the victim as claimed in the self-defense. The
Read More
Monthly Archives July 2018
RECENT COURT OF APPEALS DECISION: ENHANCED REUNIFICATION SERVICES UNDER ADA: DC FAMILY LAWYER
The Court of Appeals in IN RE H.C.; K.C decided on July 5, 2018, redefined and expounded on what constitutes reasonable efforts toward the goal of reunification when dealing with a parent with intellectual disability and eligible for receiving services through DDS (“Department of Disability Services.”) In this case the child was removed at birth from the mother’s care due to the mother’s cognitive and intellectual disabilities. The trial court had held that mother’s intellectual disabilities and mental health needs rendered her incapable of properly caring for the child even with the wrap around services, parental training and other assistance
Read More
JURY DEMANDABLE WHEN DEPORTATION CONSEQUENCES:
The DC Court of Appeals in Jean-Baptiste Bado v. U.S., decided on June 21, 2018, reversed the appellant’s conviction for misdemeanor sexual abuse of a minor and after a bench trial, on the ground that he was denied the right to a jury trial guaranteed by the Sixth Amendment. The question before the Court was whether the Sixth Amendment guarantees a right to a jury trial to an accused who faces the penalty of removal/deportation when the underlying maximum penalty for the crime was only 180 days of incarceration and not by itself jury demandable. The Sixth Amendment guarantees a
Read More