Back when I was a public defender in Philadelphia, we used to do back-to-back trials in the misdemeanor courtroom. On my best day, I had two “not guilty” verdicts, one right after the other. This feat drew grudging praise from
Koehler Law Blog
The Koehler Law Blog, published by Koehler Law, focuses on legal issues primarily related to criminal law and procedure, with an emphasis on matters arising in the District of Columbia. Topics include Fourth Amendment search and seizure law, attorney-client privilege, evidentiary doctrines such as inherent incredibility, and the interpretation of legal terms like "high crime area." The blog also discusses notable legal cases and developments involving public figures and government offices, providing analysis of their implications within the legal system. It addresses practical and doctrinal aspects of criminal defense and prosecutorial conduct.
Latest from Koehler Law Blog - Page 2
Defining “malice” in destruction of property case in D.C.
Roman Wiley (aka Kamaal Mumin) believed he owned a particular house in D.C. This, as it turns out, was a delusion. The real owner, who was renovating the property, kept finding Wiley on the property. At one point, Wiley changed…
“Trumping” the U.S. Attorney’s Office in D.C.
Donald Trump has the opposite of the “Midas touch”: He diminishes everything he comes into contact with. It is hard, for example, to think of a single individual who has emerged from an association with Trump with an enhanced reputation.…
On the doctrine of “inherent incredibility” in Carrington
The D.C. Court of Appeals will typically defer to the trial judge on any question pertaining to the credibility of a witness. After all, it was the trial judge, not the appellate court, who witnessed the testimony in person. A…
On threats and the attorney-client privilege in Moore
The “attorney-client privilege” protects confidential communications between a client and their attorney. As an exception to the general rule that all relevant facts should be available in the truth-seeking process, the purpose of the privilege is to encourage clients to…
When is D.C. person seized for Fourth Amendment purposes?
The first question in any case in which the legality of a Fourth Amendment search is being challenged is when the seizure occurred. The next question then becomes: What did police officers know at the time of this seizure? If…
Defining a “high crime area” in Mayo v. U.S.
“High crime area.” Police officers invoke this phrase all the time. Like “furtive movements, “suspicious bulge” or “excited utterance, it is a legal sounding phrase they use to justify what might otherwise be an illegal detention. Police include it in…
Breaking the criminal justice system in D.C.
Donald Trump claims, against all evidence, that something is broken. With great bluster, he breaks that something. He then uses the thing he broke to prove he was right to begin with. Given the stakes involved in any decision made…
On the withdrawal of consent in Ford v. U.S.
A defendant can consent to a Fourth Amendment search or seizure, thereby obviating the need for a warrant. A defendant can limit the scope of the consent – as in, “you can search the living room but not my bedroom.” …
On the “plain feel” doctrine in Ford v. U.S.
Absent a valid exception, “searches and seizures” without a warrant are presumptively unreasonable under the Fourth Amendment. As one exception to the warrant requirement, the “plain view” doctrine allows police officers to seize evidence without a warrant if (1) the…