Jones v. United States
16 A.3d 966
| D.C. | 2011Background
- Jones was convicted of misdemeanor assault on a police officer under D.C. Code § 22-405(b) after a bench trial.
- Officers pursued a narcotics suspect on July 5, 2008; Jones remained in the street yelling profanities at Officer Matos.
- Jones did not comply with the officer's instruction to return to the sidewalk and allegedly pushed Matos when arrest was attempted.
- The government offered three theories of guilt: (i) a shove, (ii) stepping off the sidewalk and yelling after a warning, and (iii) taking a fighting stance.
- The trial court issued a general verdict without explicit factual findings or a credibility ruling, prompting appellate remand for clarification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remand is required due to multiple theories of liability. | Jones—invalid theory present; remand needed. | Government—no specific findings required; implicit credibility. | Remand for clarification of basis of guilty verdict. |
Key Cases Cited
- Barkley v. United States, 455 A.2d 412 (D.C.1983) (convictions cannot rest on an improper theory)
- Chiarella v. United States, 445 U.S. 222 (U.S. 1980) (cannot uphold conviction based on noncriminal conduct)
- In re C.L.D., 739 A.2d 353 (D.C.1999) (active and oppositional conduct required to violate APO)
- Dolson v. United States, 948 A.2d 1193 (D.C.2008) (key is active oppositional conduct in duties of officer)
- Howard v. United States, 966 A.2d 854 (D.C.2009) (remanded where credibility/factual findings were lacking)
- United States v. Brown, 716 F.2d 457 (7th Cir.1983) (remand allowed to determine theory relied on)
- United States v. Figueroa, 337 F. Supp. 645 (D.N.Y.1971) (trial court may be invited to propose findings of fact)