Ferrell v. United States

THOMPSON, Associate Judge:

After a bench trial, the Superior Court found appellant Derrick Ferrell guilty of simple assault (see D.C.Code § 22^404(a) (2001)). Ferrell appealed on the ground that the evidence was insufficient to support his conviction. We think the evidence was sufficient, though not overwhelming (or even strong), but we need not discuss that issue. As we explain below, but for the trial court’s failure to correct the prosecutor’s misapprehension that the government required leave of court to dismiss the case — as the prosecutor told the court he wanted to do before the court…