IN RE D.R.
96 A.3d 45
| D.C. | 2014Background
- DR, a fourteen-year-old, was found responsible for four offenses: ADW, CDW, possession of a prohibited weapon, and felony threats, based on a large knife wielded during a September 2011 altercation.
- The trial court held DR guilty on all counts; DR challenged ineffective assistance of counsel and sufficiency on CDW.
- On direct appeal, DR’s ineffective-assistance claim prompted remand for findings; the court also considered evidentiary sufficiency under double jeopardy.
- The court held that the CDW adjudication lacked sufficient evidence because it did not prove the weapon was concealable on DR’s person.
- The court vacated the CDW adjudication and remanded for a new trial on that count, while sustaining ADW and felony-threat adjudications.
- The court clarified that the CPWL statute and PPW provisions remain unaffected by its ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the CDW conviction supported by concealability evidence? | DR contends the knife wasn’t concealable on his person. | Government contends concealability was proven. | CDW not supported; vacate adjudication. |
| Does the statute’s ‘their person’ mean an average person or the defendant? | Powell approach should apply for conceivability. | Literal, defendant-focused interpretation governs. | Court adopts actual-person interpretation; concealability assessed for defendant. |
| Does double jeopardy bar retrial on CDW after insufficiency? | New trial should be allowed after remand. | Double jeopardy prevents retrial for insufficient evidence. | Double jeopardy bars new trial on CDW; vacate and remand accordingly. |
Key Cases Cited
- Powell v. United States, 423 U.S. 87 (U.S. 1975) (concerning concealability—average person standard in context of concealment)
- Burks v. United States, 437 U.S. 1 (U.S. 1978) (double jeopardy concerns in retrial when evidence inadequate)
- Kelly v. United States, 639 A.2d 86 (D.C. 1994) (double jeopardy and sufficiency principles in DC)
- Gorbey v. United States, 54 A.3d 668 (D.C. 2012) (CDW concealment questions with large weapons)
- In re P.F., 954 A.2d 949 (D.C. 2008) ( CDW/weapons context in juvenile adjudications)
- Wright v. United States, 926 A.2d 1151 (D.C. 2007) (concealability standard for CDW)
- Grayson v. AT&T Corp., 15 A.3d 219 (D.C. 2011) (interpretation of statutory language; natural meaning)
- Parks v. United States, 627 A.2d 1 (D.C. 1993) (ADW/intent; proof of fear not required)
- Carrell v. United States, 80 A.3d 163 (D.C. 2013) (threats standard—fear to ordinary hearer)
- Campbell v. United States, 450 A.2d 428 (D.C. 1982) (threats/ bodily harm standard)
- Gamble v. United States, 30 A.3d 161 (D.C. 2011) (historical context of concealment statute)
- Powell v. United States (9th Cir. decisions referenced), 501 F.2d 1136 (9th Cir. 1974) (alternate Powell discussion cited in text)
