Legal Opinion

Flemming v. United States

District of Columbia Court of Appeals

Decided August 29, 1988No. 86-856, 86-864PublishedCited by 21 opinions

1Opinion of the Court

TERRY, Associate Judge:

Appellant Brown was convicted of distributing cocaine, and both appellants and a co-defendant, Marcus Thompson, were convicted of possession of cocaine with intent to distribute it, all in violation of D.C.Code § 33-541(a)(l) (1987 Supp.). While the jury was deliberating, the trial court excused one juror whose impartiality appeared to be in doubt and allowed the remaining eleven jurors, over objection, to return a verdict. In excusing the juror, the court relied on a recently amended rule, Super.Ct.Crim.R. 23(b), which permits the court in its discretion to excuse a…

2Cases cited16 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
  3. Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
  4. Howard v. Riggs National BankDistrict of Columbia Court of Appeals · 1981
  5. Tuten v. United StatesSupreme Court of the United States · 1983

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Duvall v. United StatesDistrict of Columbia Court of Appeals · 1996
  2. Fitzgerald v. FitzgeraldDistrict of Columbia Court of Appeals · 1989
  3. Cormier v. District of Columbia Water & Sewer AuthorityDistrict of Columbia Court of Appeals · 2008
  4. ROSANNE L. WOODROOF v. JOSEPH F. CUNNINGHAMDistrict of Columbia Court of Appeals · 2016
  5. Powers v. United StatesDistrict of Columbia Court of Appeals · 1991

16 more not listed; retrieve them via the Exa API.

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