Legal Opinion
Thomas v. United States
District of Columbia Court of Appeals
Decided June 30, 1982No. 81-460PublishedCited by 62 opinions
1Opinion of the Court
NEWMAN, Chief Judge:
Appellant Marvin Thomas was convicted by jury of unauthorized use of a vehicle under D.C.Code 1981, § 22-2204. Inter alia, 1 he challenges the government’s argument, and the court’s instruction, to the effect that an adverse inference could be drawn from his failure to call as a witness a person who observed his arrest. We hold that it was prejudicial error to authorize the argument and to give the instruction, and therefore reverse the conviction.
I
The arresting officer, James Wooten, testified for the government at trial. He established that at the time of the arrest on…
2Cases cited22 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Graves v. United StatesSupreme Court of the United States · 1893
- Dyson v. United StatesDistrict of Columbia Court of Appeals · 1980
- Cleveland Burgess v. United StatesCourt of Appeals for the D.C. Circuit · 1970
- United States v. James J. YoungCourt of Appeals for the D.C. Circuit · 1972
17 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Nixon v. United StatesDistrict of Columbia Court of Appeals · 1999
- Harris v. United StatesDistrict of Columbia Court of Appeals · 1992
- Allen v. United StatesDistrict of Columbia Court of Appeals · 1992
- McGrier v. United StatesDistrict of Columbia Court of Appeals · 1991
- Arnold v. United StatesDistrict of Columbia Court of Appeals · 1986
57 more not listed; retrieve them via the Exa API.