The Court of Appeals in Holmon v. D.C., decided on February 28, 2019, determined whether a Civil Protection Order violation resulting in conviction based on hearsay evidence at trial should be reversed. First to establish the elements of a CPO violation, the government must prove beyond a reasonable doubt that defendant had engaged in: (1) Willful disobedience (2) Of a protective court order. It is not a willful violation if: Petitioner approached the respondent without his encouragement or consent, The contact was necessitated by an emergency, or There also existed some other compelling reason. Even in the enumerated exceptions listed
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Under the DC Youth Rehabilitation Act, if a youth, defined as individual within the ages of 15-24, is deemed eligible under the Act and hence sentenced under the Act, upon completion of the sentence the conviction would be automatically vacated. Moreover, sentences under the Youth Act are more geared toward probation rather than incarceration.  That is, if the court determines that a youth offender would be better served by probation instead of incarceration, the court has the discretion and motivation to suspend the imposition of sentence and place the youth offender on probation. The Statute generally requires the youth offender
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The Court of Appeals in Solon v. US decided on November 29, 2018, reversed a disorderly conduct conviction as it disagreed but the trial court’s statutory interpretation. Solon had intermingled with the Climate Movement March carrying signs in support of the administration and generally causing agitation and stir among the demonstrators. She was ultimately put under arrest and charged with disorderly conduct as well as two assault charges again two individuals. The DC disorderly conduct statute (D.C. Code § 22-1321 (a)(1) provides: in any place open to the general public, . . . it is unlawful for a person to
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The Court of Appeals in Coley v. U.S., decided on November 15, 2018, reversed several felony convictions due to faulty jury instructions by the trial judge. Initially during the jury polling, one of jurors expressed disagreement with the verdict, which was announced to be unanimous. The trial judge appropriately at that time instructed the jury as such and according to the Jury Instruction 2.603: “[I]n the poll of the jury, it’s become apparent that you may not have reached a unanimous verdict. Now, for this reason I’m going to ask you to return to the jury room for further consideration
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In all criminal offenses, it is critical to understand and be cognizant of the statute of limitations for the particular offenses.  Particularly if the matter is under investigation or pending indictment or even if dormant. The time in which an offense is committed that starts the clock for the statute of limitations is defined as: An offense is committed either when every element occurs, or If a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct, or The defendant’s complicity therein, is terminated. Time generally starts to run on the
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