CARRELL v. U.S.

No. 12-CM-523.

165 A.3d 314 (2017)

Lee CARRELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 3, 2017.


Attorney(s) appearing for the Case

Fletcher P. Thompson for appellant.

John P. Mannarino , Assistant United States Attorney, with whom Channing D. Phillips , United States Attorney, and Elizabeth Trosman , Assistant United States Attorney, were on the brief, for appellee.

Shilpa S. Satoskar , with whom Samia Fam and Jaclyn S. Frankfurt were on the brief, for Public Defender Service, amicus curiae, in support of appellant.

Joan S. Meier , Bruce A. Ericson (admitted pro hac vice), Christine Scheuneman (admitted pro hac vice), Julia E. Judish , Kristen Baker , and Stephen Asay were on the brief for amici curiae Domestic Violence Legal Empowerment and Appeals Project, D.C. Coalition Against Domestic Violence, D.C. Volunteer Lawyers Project, National Network to End Domestic Violence, and Network for Victim Recovery of D.C., in support of appellee.

Opinion by Associate Judge Thompson, concurring in part and dissenting in part, at page 33.


We return to this case, sitting en banc, to determine what, if anything, the government must prove vis-à-vis a defendant's mens rea, or state of mind, in order to obtain a conviction for threats (misdemeanor or felony).1 Our threats statutes do not give us much guidance; neither expressly...

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