D.C. Superior Court Chief Judge Anita Josey-Herring issued an order on March 15, 2024, that renewed for four years the list of attorneys eligible to accept appointments under the Criminal Justice Act (CJA).  The full list is provided below. This is the first re-establishment of the panel since 2018.  (The 2022 renewal was delayed because of the pandemic.) The order ... Read More The post Renewal of CJA Panel for 2024 first appeared on Koehler Law ..read more

When I last wrote about my niece Emma, she was an all-Ivy scholar and athlete, the leading scorer and captain of her college soccer team. Since that ground-breaking blog entry of 2012, Emma has played professional soccer.  She is still, as I described her back then, pretty, smart, personable and modest, a woman who not only knows how to take ... Read More The post Ode to a legal career first appeared on Koehler Law ..read more

As a junior public defender in Philadelphia, I was always impressed when watching an experienced criminal defense lawyer conduct a cross-examination. I am thinking of Brian McMonagle, who at one point represented Bill Cosby. Or Scott DiClaudio, who is now a controversial judge in Philadelphia. Or Jamie Funt who, as far as I can tell, is still practicing criminal defense ... Read More The post Looking for “white spaces” in the prosecution’s case first appeared on Koehler Law ..read more

Years ago, back when I was a junior public defender in Philadelphia and believed almost everything clients told me, I interviewed a client charged with being a felon in possession of a firearm. “I was walking down the street that day,” the client told me.  “As I walked by this playground, I saw a gun in the bushes close to ... Read More The post Evans v. U.S.: More on the innocent possession of a firearm first appeared on Koehler Law ..read more

Many years ago, when I first started work at D.C. Superior Court, I had a daily encounter with an older woman as I came into the court building each morning. Dressed nicely and sitting on the bank of chairs outside the lawyer’s lounge, the woman always appeared to be speaking on the phone about some weighty constitutional issue.  The woman ... Read More The post A man with a destination first appeared on Koehler Law ..read more

The brother of my court-appointed client takes me from the courtroom into the hallway to dress me down for a legal decision I just made on his brother’s behalf. The brother cites a legal platitude that, though true, had nothing to do with the decision I just made. “You and I both know I am right on this one,” he ... Read More The post On the fumbling hand of counsel first appeared on Koehler Law ..read more

Her voice is soft and tentative.  She may be trying to apologize, but the sniffling makes it hard to understand her.  What is clear is that she is feeling pretty sorry for herself.  If I stood next to her at a plea hearing in D.C. Superior Court, she would not have impressed me as someone with any substance or maturity.  ... Read More The post Storming the Capitol with Jenna Ellis first appeared on Koehler Law ..read more

I spend a lot of time on the Acela.    So too do other people I have encountered in the quiet car over the last year or so:  Tony Fauci, Matt Gaetz, Charlie Gibson, John King, Elise Stefanik, Karine Jean-Pierre, Joe Walsh, and Dan Goldman.  In some cases, such as with Gaetz or Stefanik, I have had to suppress the ... Read More The post Riding the Acela with Matt Gaetz first appeared on Koehler Law ..read more

D.C. Superior Court judges do not typically allow re-cross examinations.  Yes, you have a constitutional right to confront witnesses against you in a criminal proceeding.  But, with judges enjoying widespread discretion to oversee the proceedings, this right is not without its limits.   The defendant in Gabriel Sanchez v. United States, 287 A.3d 1241 (D.C. 2023), was charged with Assault with Intent to Kill ... Read More The post Limiting recross examination in Sanchez v. U.S. first appeared on Koehler Law ..read more

During the pandemic, criminal defense lawyers got spoiled with the favorable plea offers.  With dockets backing up, the government was desperate to resolve cases through non-trial dispositions.  One prosecutor compared it to a “fire sale.” Those times are over. I have noticed this.  My colleagues have noticed this.  And a long-time judge on the felony calendar who knows about these ... Read More The post Lousy plea offers. More trials. first appeared on Koehler Law ..read more