Buchanan v. United States

I concur in remanding the case to the trial court for further consideration and fact-finding. As in (Antwan) Williams v. United States, 887 A.2d 1000 (D.C.2005), the record is such as to leave us in doubt as to whether — as the government has argued in the trial court and in this court— all that the trial court needed to determine for conviction for simple assault is that appellant “intended to do the act that constituted the assault.” In this case, that would have been appellant’s efforts to disengage his arms from the officer’s repeated attempts to handcuff him, by moving his arms toward…