Legal Opinion

Evans v. United States

District of Columbia Court of Appeals

Decided January 20, 2011No. 07-CF-1036PublishedCited by 9 opinions

1Opinion of the Court

BELSON, Senior Judge:

Appellant Herbert Evans challenges his conviction for aggravated assault while armed (AAWA),1 arguing that the trial court abused its discretion in declining to grant a mistrial or, in the alternative, in declining to give a curative instruction, to deal with a comment the government made in its opening statement about evidence that was not later adduced at trial. Specifically, appellant argues that the government’s mention in its opening of a false *4exculpatory statement appellant made to police induced the defense to promise the jury in its opening that it would hear a…

2Cases cited36 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Frazier v. CuppSupreme Court of the United States · 1969
  3. Tyrone Gaither v. United States of America, Charles Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  4. Owens v. United StatesDistrict of Columbia Court of Appeals · 1985
  5. Boyd v. United StatesDistrict of Columbia Court of Appeals · 1991

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3Cited by9 opinions

  1. Darweshi McRoy v. United StatesDistrict of Columbia Court of Appeals · 2015
  2. Donell R. Washington v. United StatesDistrict of Columbia Court of Appeals · 2015
  3. JAMARR MEDLEY ANTOINE RICHARDSON and LUCIOUS MCLEOD v. UNITED STATESDistrict of Columbia Court of Appeals · 2014
  4. Holloway v. United StatesDistrict of Columbia Court of Appeals · 2011
  5. Thompson v. United StatesDistrict of Columbia Court of Appeals · 2012

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