Opinion

Mitchell v. District of Columbia

  • 741 A.2d 1049
  • 1999 D.C. App. LEXIS 288
  • 1999 WL 1188868
Court
District of Columbia Court of Appeals
Filed
Dec 16, 1999
Status
Published
Author
Steadman
On the bench
Reid, Steadman, Wagner
Cited by
5 cases

recognizing that "[i]t would be both an obvious error and a miscarriage of justice for a defendant to stand convicted of an offense which the law does not make a crime”

How later courts described this case

  • recognizing that "[i]t would be both an obvious error and a miscarriage of justice for a defendant to stand convicted of an offense which the law does not make a crime”
  • "Essentially, Mitchell argues that his conviction is based on conduct which the statute does not make a crime .... If Mitchell can make this showing, he can meet the plain error standard for reversal.”
  • “Essentially, Mitchell argues that his conviction is based on conduct which the statute does not make a crime.... ”

Written by the judges who cited it.

The opinion

STEADMAN, Associate Judge,

dissenting.

The conduct for which appellant was convicted here was “wilfully”submitting as a “circulator” a nominating petition where one person had signed the names of twenty purported registered voters. D.C.Code § l-1312(j)(l), with whose violation appellant was charged by information, permits a candidate to be nominated only by a petition “signed” by the requisite number of “duly registered voters.” D.C.Code § 1-1312(b)(3) states that any circulator who “wilfully violates any provision of this section ” shall be guilty of a criminal offense. Contrary to the suggestion of the majority, I do not think that the penalty provision of § 1 — 1312(b)(3) is limited only to violations of subsection (b); the plain language on its face encompasses all the provisions of Section 1-1312. While I agree that regulations alone cannot make criminal that which is not made so by statute, it seems to me perfectly reasonable to read the statute as criminalizing a circulator who wilfully submits a petition in violation of the requirements of § l-1312(j)(l). I do not understand appellant to argue that the challenged signatures may in fact have *1057 been authorized by the relevant registered voters. 1 I simply could not hold that “plain error” infected appellant’s conviction here.

. Thus, I do not think the trial court's reference to the Board’s regulation with respect to personal signatures is significant in the context of this trial. Appellant’s defense was based on quite a different scenario, as the majority opinion indicates.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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