Legal Opinion
Herbin v. United States
District of Columbia Court of Appeals
Decided September 26, 1996No. 94-CF-339PublishedCited by 17 opinions
1Opinion of the Court
RUIZ, Associate Judge:
Timothy Herbin, the appellant, brings this appeal from a Superior Court conviction of second-degree murder while armed. The appellant argues that the trial court abused its discretion in denying, without a hearing, the appellant’s motion for a new trial, a motion filed on the ground that a principal government witness has recanted her trial testimony. It does not appear from the record that the trial court applied the proper test for evaluating a new trial motion predicated upon the claimed recantation of a key government witness. We therefore remand the case for further…
2Cases cited26 opinions
- Johnson v. United StatesDistrict of Columbia Court of Appeals · 1979
- Larrison v. United StatesCourt of Appeals for the Seventh Circuit · 1928
- Comber v. United StatesDistrict of Columbia Court of Appeals · 1990
- Thompson v. United StatesCourt of Appeals for the D.C. Circuit · 1951
- Derrington v. United StatesDistrict of Columbia Court of Appeals · 1985
21 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lyons v. United StatesDistrict of Columbia Court of Appeals · 2003
- Payne v. United StatesDistrict of Columbia Court of Appeals · 1997
- Smith v. Alder Branch Realty Ltd. PartnershipDistrict of Columbia Court of Appeals · 1996
- Bell v. United StatesDistrict of Columbia Court of Appeals · 2005
- Graham v. United StatesDistrict of Columbia Court of Appeals · 1997
12 more not listed; retrieve them via the Exa API.