Legal Opinion

Ewell v. United States

District of Columbia Court of Appeals

Decided July 25, 2013No. 11-CM-1593PublishedCited by 14 opinions

1Opinion of the Court

BLACKBURNE-RIGSBY, Associate Judge:

Following a bench trial, appellant Marvin Richard Ewell was found guilty of one count of simple assault.1 On appeal, he argues that there was insufficient evidence to prove beyond a reasonable doubt that he did not act in self-defense against the complainant, Brittany Latham. We conclude that the trial court erroneously determined that appellant employed excessive force against Ms. Latham. Further, in evaluating whether appellant reasonably believed that harm was imminent, the trial court applied an incorrect legal standard and did not make essential factual…

2Cases cited11 opinions

  1. Fersner v. United StatesDistrict of Columbia Court of Appeals · 1984
  2. McPhaul v. United StatesDistrict of Columbia Court of Appeals · 1982
  3. Alcindore v. United StatesDistrict of Columbia Court of Appeals · 2003
  4. Rorie v. United StatesDistrict of Columbia Court of Appeals · 2005
  5. Brown v. United StatesDistrict of Columbia Court of Appeals · 1992

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3Cited by14 opinions

  1. Lee Carrell v. United States (Revised Version)District of Columbia Court of Appeals · 2017
  2. Jonathan Dawkins v. United StatesDistrict of Columbia Court of Appeals · 2018
  3. Osborne v. District of ColumbiaDistrict of Columbia Court of Appeals · 2017
  4. CHRISTINA BELT, v.UNITED STATESDistrict of Columbia Court of Appeals · 2016
  5. Campbell v. United StatesDistrict of Columbia Court of Appeals · 2026

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

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