DC

The “Exigent Circumstances” Exception to the Warrant Requirement in DC

/ By / Criminal Law

The Fourth Amendment to the Constitution provides that: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and …

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Lesser Included Offenses and Attempt

/ By / Criminal Law

In a recent case, the trial judge asked the parties for post-trial briefing on whether Second-Degree Theft is a lesser-included offense of Second-Degree Fraud in DC. A straight-forward question, I thought, and one I believed that the prosecution basically conceded by answering that in its view attempted second-degree theft is a lesser-included offense of second-degree …

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Medical Malpractice Mediation – Procedural Nuisance or Avenue for Plaintiffs to Accomplish Real Goals?

/ By / Medical Malpractice

I was talking with a very experienced local medical malpractice attorney not too long ago about the mediation requirement for MedMal cases in DC –  DC Code § 16-2821.  In her experience, most mediation for MedMal cases is worthless – counsel for the parties simply call in and say that there hasn’t been discovery yet, so …

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