In Re Ml
24 A.3d 63
| D.C. | 2011Background
- M.L. was located after dark on Hanna Place hiding behind Mrs. Johnson's car, wearing dark clothing and gloves.
- Officer Wade, upon approaching, observed M.L. at the rear of the car and ordered him to stop and show his hands.
- M.L. stood, then fled, pulling a silver knife from his pocket and turning toward the officer before running away.
- The knife was a folding knife with a nearly three-inch blade and was found open outside the Johnsons' backyard after the shooting.
- M.L. was found to have been in a crouched position with the knife open and ready for use, and he stated, 'I'm only 17' when asked about the gun.
- The trial court convicted M.L. of CDW and PPW(b) based on the surrounding circumstances and the knife's nature, and the evidence was reviewed on appeal for sufficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for CDW | M.L. carried the knife but not for use as a weapon | Knife did not demonstrate purpose to use as a dangerous weapon | Evidence supports purpose to use as dangerous weapon |
| Sufficiency of evidence for PPW(b) | Knife was dangerous and M.L. had unlawful intent | Insufficient for unlawful intent | Evidence supports unlawful intent to use knife against another |
Key Cases Cited
- Reed v. United States, 828 A.2d 159 (D.C. 2003) (defines burden for CDW when knife carried as dangerous weapon)
- Rivas v. United States, 783 A.2d 125 (D.C. 2001) (sufficiency review standard for evidentiary findings)
- Jackson v. United States, 443 U.S. 307 (U.S. 1979) (standard for proving guilt beyond a reasonable doubt)
- Scott v. United States, 243 A.2d 54 (D.C.1968) (dangerous weapon analysis for knives and surrounding circumstances)
- Lewis v. United States, 767 A.2d 222 (D.C.2001) (consideration of surrounding circumstances and weapon nature)
- Re Reid v. United States, 581 A.2d 359 (D.C. 1990) (PPW(b) intent standard)
- Dorsey v. United States, 902 A.2d 107 (D.C.2006) (dangerous weapon for PPW(b) analysis)
- Gilmore v. United States, 271 A.2d 783 (D.C.1970) (knife carried open supported CDW inference)
- Monroe v. United States, 598 A.2d 439 (D.C.1991) (dangerousness of weapon and carrying circumstances)