Legal Opinion
Simmons v. United States
District of Columbia Court of Appeals
Decided April 3, 2008No. 05-CF-635PublishedCited by 11 opinions
1Opinion of the Court
GLICKMAN, Associate Judge:
Appellant Clyde Simmons was convicted of aggravated assault while armed, among other offenses, for shooting Edward Seymour. The identity of the shooter was the central disputed issue at trial; to prove it was appellant, the prosecution relied on circumstantial evidence. Appellant attempted to introduce, as an excited utterance, a putative eyewitness’s hearsay statement identifying someone else as the shooter. The trial judge found the proffered hearsay admissible as an excited utterance but, nonetheless, excluded it because the declarant was unavailable to be…
2Cases cited33 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Koon v. United StatesSupreme Court of the United States · 1996
- In re J.D.C.District of Columbia Court of Appeals · 1991
- Newman v. United StatesDistrict of Columbia Court of Appeals · 1997
28 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Smith v. United StatesDistrict of Columbia Court of Appeals · 2011
- Antoine Mayhand v. United StatesDistrict of Columbia Court of Appeals · 2015
- In re L.L.District of Columbia Court of Appeals · 2009
- Castillo v. United StatesDistrict of Columbia Court of Appeals · 2013
- Brown v. United StatesDistrict of Columbia Court of Appeals · 2011
6 more not listed; retrieve them via the Exa API.