Cinquan Cartledge v. United States
100 A.3d 147
D.C.2014Background
- Cartledge was convicted by bench trial of unlawful entry at Vista Ridge, a public housing site.
- He challenged the September 23, 2012 Bar Notice that barred his entry for 12 months on the theory it was issued on mere suspicion.
- On December 4, 2012, Vista Ridge officers arrested him for unlawful entry after observing him on the premises despite the Bar Notice.
- Trial court rejected Cartledge’s challenges to the Bar Notice's basis and authority and convicted him.
- On appeal, the court reviews for plain error because the Bar Notice issue was not properly raised at trial.
- The appellate court affirmed, holding the Bar Notice based on articulable suspicion was not plainly erroneous and thus supported the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Bar Notice was validly issued | Cartledge argues Bar Notice invalid due to mere suspicion | Government contends Bar Notice valid under 14 DCMR and police authority | Bar Notice not plainly erroneous; valid basis for Bar Notice upheld |
| Whether there was sufficient evidence of unlawful entry on December 4 | Cartledge claims insufficient proof he was inside Vista Ridge | Government argues evidence showed entry by Cartledge | Evidence legally sufficient to prove unlawful entry |
| Whether the police had authority to issue the Bar Notice | Cartledge claims officers lacked authority to issue Bar Notice | Government relies on police authority under DCMR provisions | Issue not raised below; court declines to treat as separate plain-error defense; conviction upheld |
Key Cases Cited
- Bean v. United States, 709 A.2d 85 (D.C. 1998) (standard for evaluating evidence and related issues in criminal cases)
- Ortberg v. United States, 81 A.3d 303 (D.C. 2013) (defining unlawful entry and authority concepts)
- Haye v. United States, 67 A.3d 1025 (D.C. 2013) (affirming conviction where entry occurred after bar)
- Whittlesey v. United States, 221 A.2d 86 (D.C. 1966) (defense for bona fide belief to enter)
- Ventura v. United States, 927 A.2d 1090 (D.C. 2007) (plain-error standard generally applies to contentions not raised)
- Coates v. United States, 705 A.2d 1100 (D.C. 1998) (principles on plain error and non-raised defenses)