Defending due process in the DC Court of Appeals
On September 21, 2017, a panel of the DC Court of Appeals ruled unanimously in favor of Nigel Barrella's client, who had been convicted of driving with a revoked license,…
To err is human — not a crime
On March 17, 2016, a panel of the DC Court of Appeals delivered a unanimous decision in favor of Nigel Barrella's client. Nigel had argued this case before the court…
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.…
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.…
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…
Fourth Circuit weighs in on circuit split; harmless error review in collateral challenge to conviction
In an opinion published today, the U.S. Court of Appeals for the Fourth Circuit announced that, in collateral challenges to federal criminal convictions under § 2255, it would follow the…
DC Circuit: To measure a crime’s “seriousness,” use Sentencing Guidelines
An opinion issued today by the U.S. Court of Appeals for the D.C. Circuit begins by saying that the defendant "is innocent of the crime for which he was charged…
NC Supreme Court: Scientific experts can testify to out-of-court results
In recent years, the U.S. Supreme Court has created a new field of evolving case law regarding the Sixth Amendment's confrontation clause (the criminal defendant's right "to be confronted with…
DC Court of Appeals: Multi-car collision merits multiple convictions
In a split opinion today, the DC Court of Appeals rules that a criminal defendant can be charged with multiple counts of destruction of property stemming from a multi-car collision.…