United States v. Donaldson

NEBEKER, Associate Judge:

A jury convicted Joseph P. Donaldson of second-degree murder while armed. D.C. Code 1973, §§ 22-2403, -3202. However, *53following hearings on Donaldson’s motion to vacate sentence, D.C.Code 1973, § 23-110, Judge Nunzio held that the trial court’s pretrial inquiry into Donaldson’s assertions of ineffective assistance of counsel lacked the requisite scope of findings. He ordered a new trial. The case then came on for trial before Judge George H. Revercomb who found that Donaldson’s alibi defense had been prejudiced by the delay. He dismissed the indictment eschewing a…