Blog Archives

DCCA on Drug Paraphernalia, Proof Beyond Reasonable Doubt

I haven’t written a DCCA criminal case summary in a long time, partly because PDS came along and started writing them all up (and doing it better than I ever did). But I simply couldn’t resist writing about this one, as a lovely demonstration

Posted in DC

4th Circuit flags possible misreading of Eighth Amendment precedents

An interesting opinion from the U.S. Court of Appeals for the Fourth Circuit this week all but invites a future challenge to some of that court’s Eighth Amendment case law. The case involved a teenager sentenced to a fifteen-year mandatory

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Posted in Fourth Circuit

Fed. Circuit: VA can’t use failure to report as evidence

If a veteran’s service record does not mention any reports that the veteran was sexually assaulted while in service, can the Department of Veterans Affairs (VA) use this absence of records as evidence that no sexual assault occurred? In AZ

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Posted in Federal Circuit, Veterans Appeals

DCCA: D.C. gun law unconstitutional

Can it be a crime to simply ride in a car in which you know there is an illegal gun? In a 2-1 opinion by Judge Glickman today, the D.C. Court of Appeals says no. The law in question is

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Posted in DC

DCCA: DNA analysts should present results in court

Earlier this summer, I wrote about the North Carolina Supreme Court‘s handling of the doctrinal mess made by the U.S. Supreme Court‘s fractured opinions in Williams v. Illinois.  Well, on September 12, the D.C. Court of Appeals announced its latest

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Posted in DC, North Carolina