Monday, June 8, 2015

Impeachment of a Defense Witness with Prior Inconsistent Statements Made to Defense Counsel and Disclosed in a Winfield Proffer Is a “Dangerous Application” of the Broad Rule Allowing Witness Impeachment With Extrinsic Evidence, and a Tactic the Government Should “Think Hard Before Pursuing Again”

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Floyd E. Brooks v. United States , No. 13-CF-735 (decided June 4, 2015) Players :  Associate Judges Glickman and Thompson, Senior ...
Thursday, June 4, 2015

Supreme Court Announces Scienter Requirement for Federal Threats, Has Implications for D.C.

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In Elonis v. United States , the Supreme Court recently decided the question of what mental state is required for a person to be guil...
Friday, May 15, 2015

“Is that a gun in your pocket, or are you just happy to see me?”

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Michael A. Hartley v. United States , No. 13-CF-653 (decided May 14, 2015). Players : Chief Judge Washington, Associate Judges Bl...
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Thursday, May 14, 2015

Eureka! Exclusionary rule does not apply in a cold case solved by DNA evidence obtained through an unconstitutional but “good faith” search by a prison employee.

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Shepardson R. Blair v. United States , No. 12-CF-1351 (decided May 7, 2015) Players: Associate Judges Blackburne-Rigsby and Thompson,...
Friday, May 8, 2015

Prior statements of identification: Quick, do you know the rule?

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Eric D. Foreman v. United States , No. 12-CF-2064 (decided April 30, 2015). Players : Chief Judge Washington, Associate Judge Fis...
Wednesday, May 6, 2015

Important ruling on how much of a proffer you need in order to cross on a prior bad act bearing on veracity and on bias. The takeaway: the standard is "a fairly lenient one"

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Keith A. Moore v. United States , No. 12-CF-778 (decided April 30, 2015). The Players: Chief Judge Washington, Associate Judge G...
Thursday, April 30, 2015

Court holds that it is not a robbery to greet a stranger at 11:00 p.m. near the metro by saying, “What, what, what.”

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FurlJ. Williams, Arthur Terence Bullock, & Marteese Norman v. United States , Nos. 12-CF-1604, 12-CF-1605, 12-CF-1504 (decided April ...