Legal Opinion

James v. United States

District of Columbia Court of Appeals

Decided January 22, 1976No. 9059PublishedCited by 11 opinions

1Opinion of the Court

NEBEKER, Associate Judge:

This appeal arises from a conviction for possession of the implements of a crime (narcotics paraphernalia), in violation of D.C.Code 1973, § 22-3601. We conclude that the statute does not impermissibly shift the burden of proof when it allows an accused to show innocent possession, that the statute is not vague, and that there are no instructional infirmities. 1 We affirm.

Appellant was discovered by police in the stairwell of a hotel which through case records we judicially know to be frequented by narcotics users, Dorsey v. United States, 125 U.S.App.D.C. 355, 372…

2Cases cited18 opinions

  1. Mullaney v. WilburSupreme Court of the United States · 1975
  2. Morissette v. United StatesSupreme Court of the United States · 1952
  3. Parker v. LevySupreme Court of the United States · 1974
  4. Leary v. United StatesSupreme Court of the United States · 1969
  5. United States v. MazurieSupreme Court of the United States · 1975

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3Cited by11 opinions

  1. Bethea v. United StatesDistrict of Columbia Court of Appeals · 1976
  2. State v. DianaCourt of Appeals of Washington · 1979
  3. Charles v. United StatesDistrict of Columbia Court of Appeals · 1977
  4. Shanahan v. United StatesDistrict of Columbia Court of Appeals · 1976
  5. In Re ScanioDistrict of Columbia Court of Appeals · 2007

6 more not listed; retrieve them via the Exa API.

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