Porter v. United States

While I concur totally with the majority’s holding that the trial court committed reversible error in denying Porter’s post-trial motion under D.C.Code § 23-110, I emphatically dissent from its decision to remand for an evidentiary hearing on the alleged “plain view” issue.

This case was first argued with Judge Kramer as a member of the division. I was drawn to replace her when she retired, the case was set for reargument, and, at my request, the parties were directed by the court to file supplemental briefs to address four questions. They were:(1) Assume that we find that the trial court…