Trying to read the jury can be a humbling experience.  Many years ago, during a DUI trial in D.C., I was encouraged by a young man in the front row who, listening intently, seemed to agree with everything I said. “This is great,” I told my client.  “I think we have at least one juror in our corner.” As it ... Read More The post On interacting with the jury after trial first appeared on Koehler Law ..read more

“No matter what.” These are chilling words to hear from any law enforcement official.  After all, given the enormous stakes involved in a criminal prosecution, restraint has to be the operative word. It is thus particularly concerning when these words are uttered by the chief federal law enforcement official for the nation’s capital and when the words are targeted at ... Read More The post “No matter what” and the U.S. Attorney for D.C. first appeared on Koehler Law ..read more

Here is the recently released statement of Edward R. Martin, the new U.S. Attorney for the District of Columbia:   “I want to thank President Trump for trusting me to re-establish law and order in Washington, D.C.  It is the honor of my lifetime to accept his nomination as Interim U.S. Attorney for the District of Columbia.  I pledge to ... Read More The post On sycophants, yes men and self-respect first appeared on Koehler Law ..read more

Trials can be challenging.  The stakes are high, and the pressure can be unrelenting.  I have been feeling the strain. It was therefore particularly gratifying to win across-the-board acquittals in two back-to-back jury trials:  three counts of “not guilty” in the first case and six counts of “not guilty” in the second. We argued self-defense in the first case and ... Read More The post “Not guilty” in two cases and on all counts first appeared on Koehler Law ..read more

In order to extend a civil protection order (CPO) in Washington, D.C., the petitioner must show "good cause" that the protective order is still needed. The post Extending a civil protection order in D.C. first appeared on Koehler Law ..read more

Ignorance used to be something to be ashamed of. Now we seem to celebrate it. It is anti-elitist. It proves our connection to the common man. The post “Fake news” and the license to be ignorant first appeared on Koehler Law ..read more

Q:     . . . Officer.  Based on the still shots I have just reviewed with you, do you see anywhere where Mr. Smith grabs his waist before he starts to run? A:      No. The post Trial transcript:  Exposing your rookie partner to firearm first appeared on Koehler Law ..read more

A mistrial, the Court held, cannot be declared over defense objection unless “manifest necessity” requires it.  A hung jury is one example of manifest necessary. The interruption of trials that were underway when the pandemic first hit was another.  The post On the declaration of a mistrial in Walker v. U.S. first appeared on Koehler Law ..read more

To “hold or detain somebody in the context of the District’s kidnapping statute . . . means to detain them for a substantial period of time, so that the perpetrator could fairly be described as holding another captive like a hostage or a prisoner.” The post Narrowing the definition of kidnapping in Cardozo v U.S. first appeared on Koehler Law ..read more

We have learned that the same rules apply to everyone.  It does not matter if you are a homeless person or the former president of the United States.  The post MAGA’s introduction to our criminal justice system first appeared on Koehler Law ..read more