Legal Opinion
Mitchell v. United States
District of Columbia Court of Appeals
Decided September 6, 1991No. 89-265PublishedCited by 9 opinions
1Opinion of the Court
ROGERS, Chief Judge:
Appellant Everette Mitchell appeals from his conviction by a jury of possession with intent to distribute a controlled substance (heroin), D.C.Code § 33-541(a)(l) (1989), on the principal ground that the trial judge erred in not instructing the jury on the lesser-included offense of attempted possession in addition to the lesser-included offense of simple possession. Although there was an evidentiary basis for the attempted possession instruction, we conclude, in view of the choice presented in the instructions to the jury and its verdict, that the failure to give the…
2Cases cited12 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Paul Belton v. United StatesCourt of Appeals for the D.C. Circuit · 1967
- Allen v. United StatesDistrict of Columbia Court of Appeals · 1985
- Carter v. United StatesDistrict of Columbia Court of Appeals · 1987
- Simmons v. United StatesDistrict of Columbia Court of Appeals · 1989
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3Cited by9 opinions
- Fields v. United StatesDistrict of Columbia Court of Appeals · 2008
- Cosby v. United StatesDistrict of Columbia Court of Appeals · 1992
- MYRON O. GRAY v. UNITED STATESDistrict of Columbia Court of Appeals · 2017
- Jackson v. United StatesDistrict of Columbia Court of Appeals · 1994
- Swanson v. United StatesDistrict of Columbia Court of Appeals · 1992
4 more not listed; retrieve them via the Exa API.