Legal Opinion

Jenkins v. United States

District of Columbia Court of Appeals

Decided August 27, 2009No. 06-CM-657PublishedCited by 5 opinions

1Opinion of the Court

TERRY, Senior Judge:

After a non-jury trial, appellant was convicted on two counts of misdemeanor sexual abuse, in violation of D.C.Code § 22-3006 (2001). Appellant argues that the trial judge, by assuming the victim’s testimony to be truthful, violated his right as a criminal defendant to be presumed innocent. He also contends that the two acts of abuse for which he was convicted constituted only one offense, and thus he claims that he was convicted twice for the same conduct in violation of the Double Jeopardy Clause of the Constitution. Appellant’s first contention has no merit, and because…

2Cases cited13 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Cupp v. NaughtenSupreme Court of the United States · 1973
  3. Roy Irby v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. Smith v. United StatesDistrict of Columbia Court of Appeals · 1972
  5. Hanna v. United StatesDistrict of Columbia Court of Appeals · 1995

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3Cited by5 opinions

  1. Campos-Alvarez v. United StatesDistrict of Columbia Court of Appeals · 2011
  2. Bailey v. United StatesDistrict of Columbia Court of Appeals · 2010
  3. Joy Whylie v. United StatesDistrict of Columbia Court of Appeals · 2014
  4. Tavon Barber v. United StatesDistrict of Columbia Court of Appeals · 2018
  5. Ewing v. United StatesDistrict of Columbia Court of Appeals · 2012

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