Mitchell v. United States, 2013 D.C. App. LEXIS 148

A confidential informant reported a man in his thirties possessing firearms at 4516 Quarles Street N.E., Washington, D.C.
Police obtained a search warrant and found Chanel Mitchell with her three young children in the apartment during the search.
Marijuana, scales, and empty small bags were found on the kitchen table and in the kitchen drawer and living room; ammunition was found in multiple locations.
Two loaded revolvers and two loaded shotguns were recovered from under a sofa cushion about five feet from the television.
Mitchell was charged with multiple counts including unlawful possession of ammunition, marijuana, drug paraphernalia, and second-degree cruelty to children; weapons counts involved acquittals.
The jury convicted on marijuana, PDP, and several UA counts, and on second-degree cruelty to children; the court denied a motion for acquittal on the cruelty charge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence supports Mitchell's second-degree cruelty conviction	Mitchell knew about weapons; evidence shows grave risk to children	No proof she knew or caused the risk; acquitted on weapon charges undermines claim	Conviction affirmed; sufficient evidence of grave risk

Alfaro v. United States, 859 A.2d 149 (D.C.2004) (definition of cruel in statutory context; general intent crime guidance)
Carter v. United States, 530 U.S. 255 (S. Ct. 2000) (title of statute as interpretive aid, not limiting text)
Pennsylvania Dep’t of Corrections v. Yeskey, 524 U.S. 206 (S. Ct. 1998) (title utility in ambiguity resolution)
Maricopa County v. Douglas, 208 P.2d 646 (1949) (use of title and text in statutory interpretation)
Rivas v. United States, 783 A.2d 125 (D.C.2001) (standard for evaluating circumstantial evidence)
Mills v. United States, 599 A.2d 775 (D.C.1991) (circumstantial evidence may be highly probative)
Coffin v. United States, 917 A.2d 1089 (D.C.2007) (grave risk threshold for cruelty to children; general intent)
Lee v. United States, 831 A.2d 378 (D.C.2003) (cruelty to children as general intent crime; disregard of grave risk)
In re R.G., 917 A.2d 643 (D.C.2007) (constructive possession framework)
Smith v. United States, 55 A.3d 884 (D.C.2012) (knowledge and state of mind considerations)
Ransom v. United States, 630 A.2d 170 (D.C.1993) (consistency of verdicts; not invalidating otherwise supported verdicts)
Evans v. United States, 987 A.2d 1138 (D.C.2010) (verdicts not invalidated by inconsistent acquittal)
Mack v. United States, 570 A.2d 777 (D.C.1990) (hearsay and evidentiary considerations; non-objectionable evidence)
In re Shearin, 764 A.2d 774 (D.C.2000) (waiver of insufficiency claims for some counts)