V.C.B. v. United States
37 A.3d 286
D.C.2012Background
- Ms. B. was arrested on Aug. 1, 2008 for attempted cruelty to children and simple assault involving her 13-year-old brother B.S.
- District of Columbia child neglect proceedings were initiated and B.S. and another child were removed from her home.
- The government later dismissed the criminal charges by nolle prosequi on Dec. 9, 2008.
- Ms. B. filed an initial motion to seal all arrest records on Feb. 24, 2009, and a renewed motion on Sept. 9, 2009 with exculpatory materials.
- The trial court (Order No. 1, Dec. 30, 2009) denied the initial motion without addressing the renewed motion; Order No. 2 (Sept. 28, 2010) certified the renewed motion as a supplemental record.
- This Court reversed the denial for failure to consider the renewed motion, remanding for findings of fact and conclusions of law based on the entire record, and ordered prompt proceedings on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying sealing without considering the renewed motion | Ms. B. seeks sealing based on actual innocence; renewed exculpatory materials support relief | Government urged denial; relied on police report and preponderance standard | Reversed; remanded for consideration of the entire record with an evidentiary hearing |
| Whether an evidentiary hearing was required given inconclusive record | Hearing unnecessary if records show innocence | Hearing appropriate to resolve credibility and factual disputes | Remand required an evidentiary hearing and factual findings |
| What standard of proof governs sealing under 16-802 | Preponderance of the evidence suffices | Not contested; standard discussed in context | Preponderance of the evidence governs on remand |
| Whether the exculpatory statements alone can sustain sealing | Statements by B.S. and J.H. negate the choking claim | Unsworn statements and inconsistent records require testing at hearing | Credibility and factual findings must be made at an evidentiary hearing |
Key Cases Cited
- White v. United States, 582 A.2d 1199 (D.C.1990) (trial court’s evidentiary hearing considerations on seal motions)
- Mahaise v. United States, 722 A.2d 29 (D.C.1998) (recusation of appellate inference for credibility; need hearings)
- Ellis v. United States, 941 A.2d 1042 (D.C.2008) (acceptance of government concession on error at appellate level)
- Rose v. United States, 629 A.2d 526 (D.C.1993) (appellate court consideration of government concessions on error)
- Brown v. United States, 590 A.2d 1008 (D.C.1991) (avoid appellate fact-finding; respect trial court’s role)
- Davis v. District of Columbia, 811 A.2d 800 (D.C.2002) (requirement to make factual findings; no appellate fact-finding in sealing cases)
- Burns v. United States, 880 A.2d 258 (D.C.2005) (burden and standards in sealing cases)
- Wadlington v. United States, 428 F.3d 779 (8th Cir.2005) (caution about believability of recantations in credibility determinations)
- Pickett v. United States, 822 A.2d 404 (D.C.2003) (credibility in evaluating equivocal statements by a child)