Kerns v. United States

Appellant Anthony Q. Kerns contends that his Fifth Amendment right to due process and his Sixth Amendment right to counsel were violated when he and his counsel were denied the opportunity to appear in open court for resentencing after a remand following direct appeal from his conviction for second degree murder while armed. D.C.Code § 22-2403, -3202 (1981). For the reasons recently set forth in Warrick v. United States, 551 A.2d 1332 (D.C. [1988]), we reverse and remand the case for resentencing.

Following a jury trial, appellant was sentenced by the trial judge, Judge Ryan, to a minimum of…