Davis v. United States

Judge Learned Hand once wrote, “Prosecution and judgment are two quite separate functions; they must not merge.” United States v. Marzano, 149 F.2d 923, 926 (2d Cir.1945) (citations omitted). They merged in this case, to appellant’s prejudice. We therefore must reverse his convictions of unauthorized use of a vehicle, 1 malicious destruction of property, 2 and assault on a police officer with a dangerous weapon. 3

I

On the evening of June 11, 1986, Gail Weathers parked her 1985 black Toyota convertible in front of her apartment in Forestville, Maryland, just outside the District of Columbia.…