TURNER v. U.S.

Nos. 12-CO-1362, 12-CO-1538, 12-CO-1539, 12-CO-1540, 12-CO-1541, 12-CO-1542, & 12-CO-1543.

116 A.3d 894 (2015)

Charles S. TURNER, Christopher D. Turner, Russell L. Overton, Levy Rouse, Clifton E. Yarborough, Kelvin D. Smith, & Timothy Catlett, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 11, 2015.


Attorney(s) appearing for the Case

John S. Williams , with whom Robert M. Cary , Cadence Mertz , Jennifer M. Sasso , and Frances Y. Walters were on the brief, for appellant Clifton Yarborough.

Kevin D. Feder , with whom Michael E. Antalics , Joana Nairn , and Meredith Garagiola , Washington, DC, were on the brief, for appellant Russell L. Overton.

Jennifer Wicks was on the brief for appellant Charles Turner.

Shawn Armbrust , Barry J. Pollack , Michael B. Bernstein , and Justin P. Hedge , Washington, DC, were on the brief for appellant Christopher Turner.

Veronice A. Holt , Washington, DC, was on the brief for appellant Levy Rouse.

Donald P. Salzman , Washington, DC, was on the brief for appellant Kelvin D. Smith.

Cory Lee Carlyle was on the brief for appellant Timothy Catlett.

Nicholas P. Coleman , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney at the time the brief was filed, and Elizabeth Trosman , Suzanne Grealy Curt , James Sweeney , Kacie Weston , and Colleen Kennedy , Assistant United States Attorneys, were on the brief for appellee.

Robert B. Humphreys and Steven Schulman , Washington, DC, filed a brief on behalf of The Innocence Network as amicus curiae in support of appellants.

Stephen P. Braga filed a brief on behalf of The National Association of Criminal Defense Lawyers as amicus curiae in support of appellants.

John C. O'Quinn , Washington, DC, Savaria B. Harris , Traci M. Braun , Deborah S. Decker , and Michael B. Potere filed a brief on behalf of False Confessor Exonerees as amicus curiae in support of appellants.

Julia M. Jordan , Lee Ann Anderson McCall , and Elizabeth A. Cassady , Washington, DC, filed a brief on behalf of Former Judges and Prosecutors as amicus curiae in support of appellants.

Aderson Bellegarde François filed a brief on behalf of Howard University School of Law Criminal Justice Clinic & Civil Rights Clinic as amicus curiae in support of appellants.

Douglas Baruch , Jessica P. Neiterman , and Sujata Jhaveri , Washington, DC, filed a brief on behalf of Former Law Enforcement Officers as amicus curiae in support of appellants.

Before GLICKMAN and BLACKBURNE-RIGSBY, Associate Judges, and NEBEKER, Senior Judge.


In 1985, appellants were tried and convicted for the kidnapping, armed robbery, and first-degree felony murder while armed of Catherine Fuller on October 1, 1984. This court affirmed their convictions on direct appeal. Some twenty-five years later, appellants returned to Superior Court with motions to vacate their convictions...

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