The Court of Appeals in IN RE J.W. (DEL-1326-12) decided on October 9, 2014, vacated and reversed J.W.’s conviction for “possession of implements of crime.” J.W. and another juvenile were seen near a Vespa scooter chained to a fence. J.W. was wearing a black ski pants with a black ski mask on top of his head loitering around the scooter while carrying a two foot-long bolt cutter. He was arrested and charged with — a statute that prohibits the possession of “any instrument, tool, or implement for picking locks or pockets, with the intent to use such instrument, tool, or
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Archives for criminal law dc
D.C. Marijuana Legalization Initiative 71
D.C., Marijuana Legalization, Initiative 71 is on the ballot for the November elections and it is anticipated that it would get enough votes to pass. However the passage of the initiative is not tantamount to legalization. The initiative would need congressional approval, which is very unlikely. Federal laws still criminalize use and possession of the substance and US Congress would not approve a measure in the Nation’s Capitol no less that is in direct conflict with the Federal laws. The overwhelming approval of the measure by the city voters however will force the city legislative to go beyond the Decriminalization
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BEARING AND CARRYING HANDGUN IN THE DISTRICT: DC GUN CRIMES LAWYER
The District Court Senior Judge Scullin on July 24, 2014, enjoined the District from enforcing both the handgun registration for home-use only provision as well as the statute criminalizing carrying handgun in public. Specifically the court ordered: ORDERS that Defendants, their officers, agents, servants, employees and all persons in active concert or participation with them who receive actual notice of this Memorandum- Decision and Order, are permanently enjoined from enforcing D.C. Code § 7-2502.02(a)(4) to ban registration of handguns to be carried in public for self-defense by law-abiding citizens; and Court further ORDERS that Defendants, their officers, agents, servants, employees,
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RECENT COURT OF APPEALS DECISION: STATUTORY DEFINITION, CARRYING A DANGEROUS WEAPON:
The Court of Appeals on July 31, 2014, in IN RE D.R. (No. 11-FS-1320), both reversed a conviction for insufficiently of evidence and also remanded the case to the trial court. Appellant, D.R., was convicted at trial of four criminal offenses including a conviction for Carrying a Dangerous Weapon (CDW). The Court remanded for trial finding on ineffective assistance of counsel claim, however, focused significantly on the statutory construction and language of CDW and ended revering the conviction consistent with the opinion. Factually, D.R., a fourteen year old, was found at trial to have brandished a machete/sword type knife about
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COURT OF APPEALS REVERSES ON 4TH AMENDMENT GROUNDS
In the recent Court of Appeals case: In re D.M. (11-FS—1125) decided on July 10, 2014, the Court reversed the lower court conviction for second- degree burglary, felony destruction of property, and second-degree theft based on 4th amendment violations. Essentially DM and other juveniles were indentified breaking into a property and removing items from the home. DM was seen at the scene by an eyewitness and a look out was broadcasted. Subsequently DM was located and held by the detective pending a show up by the eyewitness. The Court justified in reversing the convictions and holding that there was an
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SCIENTIFIC EVIDENCE AND EYEWITNESS IDENTIFICATION: RECENT DECISION: DC CRIMINAL LAWYER
The DC Court of Appeals recently in IN RE L.C., (10-FS-709) vacated the conviction for carjacking and assault with intent to commit robbery and remanded the case to the trial court for determination as to the admissibility of the expert testimony. According to the proffered evidence at trial, L.C. and another companion attacked the complaining witness and attempted to steal her car. Struggled ensued and the assailants escaped on foot and based on the look out given were stopped shortly thereafter in the vicinity and indentified by the complaining witness and charged. L.C.’s defense at trial was essentially one of
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SEARCH OF THE CELL PHONE INCIDENT TO AN ARREST, PERMISSIBLE? TO BE DETERMINED: US v. WURIE:
The Supreme Court on April 29, 2014, heard oral arguments in U.S. v. Wurie, a case testing yet again the boundaries of law and technology with compelling argument on both sides. Brima Wurie was arrested in 2007 after a drug sale for distributing crack cocaine. After arrest, the officers looked through his cell phone which kept ringing and from reviewing the call log connected a number stored as “my house” to his actual house location. The officers then obtained a warrant for search of the house and confiscated substantially additional drugs and weapons form the home. The trial court did
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RETURN FOR REWARD DEFENSE IN RECEIVING STOLEN PROPERTY CASES
The DC Court of Appeals in LIHLAKHAV. U.S, issued recently on April 24, 2014, was presented for the first time with a case with a factual background to consider and analyze a “return for reward defense” in connection with a receiving stolen property conviction. The defendant here was convicted of both receiving stolen property and unlawful entry. On the stolen property — a laptop– reward was offered by the owner for the return of the property. The D.C. Code enumerates the following elements requisite to prove a stolen property conviction: A person commits the offense of receiving [1] stolen property
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DC MARIJUNA USE/POSSESSION LAWS AND THE PROPOSED/ENACTED BILL:
Currently the criminal Statute in the District penalizes simple possession of marijuana and the imposed penalties are maximum 180 days/$1000 fine, specifically: “It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice … any person who violates this subsection is guilty of a misdemeanor…” Incidentally the possession with intent to distribute marijuana on the first offense carries the same penalty as long as the amount is less
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RECENT COURT OF APPEALS REVERSAL ON INSUFFICIENCY OF EVIDENCE
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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