The Court of Appeals in Roberts v. U.S., decided on September 26, 2019, reversed multiple unlawful-disclosure convictions due to erroneous jury instructions. The unlawful disclosure, a relatively new statute in DC renders unlawful disclosure of certain graphic photographic or video materials. In this day and age of electronic capture, transfer of data and images, the statute has become more and more relevant and applicable. Specifically, the unlawful-disclosure statute provides in pertinent parts that it shall be unlawful for a person to knowingly disclose one or more sexual images of another identified or identifiable person when: The person depicted did not
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Monthly Archives September 2019
COMMUNITY CARETAKING DOCTRINE: RECENT COURT OF APPEALS DECISION
The Court of Appeals in McGlenn v. U.S., decided on July 19, 2019, expanded and defined “community caretaking doctrine” in holding that an arrest and seizure of the defendant was justified. A 911 call reported assault in progress and upon arriving at the scene the Officers came in contact with the defendant outside a housing complex. Defendant appeared intoxicated and under the influence of illegal substances mainly PCP. It was determined quickly by the Officers that McGlenn had not assaulted anyone inside the complex and was only acting erratically. Defendant’s mother residing there had originated the 911 call. The trial
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CHILD CUSTODY ORDER CHANGE DURING CIVIL CONTEMPT HEARING: RECENT COURT OF APPEALS DECISION
The Court of Appeals in Cheek v. Edwards decided on September 5, 2019, reversed and remanded a change of custody order in the midst of a civil contempt hearing. After holding a custody hearing, the trial court had decided and ordered shared physical and legal custody among parents even after considering the allegation of domestic violence. But before issuance of a final order, the mother-Edwards filed a civil contempt motion alleging that the father had violated the order against not assault, stalking and harassment in being arrested for domestic violence and assault against her. The trial court while addressing the
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RECOVERING ATTORNEY FEES IN FAMILY CASES: RECENT COURT OF APPEALS DECISION
The Court of Appeals in Khawam v. Wolfe decided on August 22, 2019, delineated all legal theories available to recover attorney’s fees in a child custody and by extension in relating family matters. Here, Wolfe moved to recover attorney’s fees ($700K) against Khawam for a rather protracted and vexatious litigation and under three theories: Common law theory of “necessaries” which permits an award of attorney’s fees in a child-custody case if the court finds that engaging an attorney was necessary to protect the interests of the child; The “bad faith” exception which permits recovering fees against a party who has
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