JACKSON v. UNITED STATES

No. 9712.

420 A.2d 1202 (1979)

Reginald A. JACKSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 26, 1979.


Attorney(s) appearing for the Case

William J. Mertens, Public Defender Service, Washington, D.C., for appellant.

Thomas J. Tourish, Jr., Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry, William D. Pease and Barry L. Leibowitz, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, KELLY, KERN, GALLAGHER, NEBEKER, HARRIS, MACK and FERREN, Associate Judges, and YEAGLEY, Associate Judge, Retired.


GALLAGHER, Associate Judge:

We granted appellant's petition for rehearing en banc to consider (1) whether a trial court order preventing appellant from consulting his attorney during a luncheon recess deprived him of the assistance of counsel guaranteed by the Sixth Amendment; and (2) whether the trial judge (a) erroneously denied without a hearing an oral motion to suppress lineup identification evidence and (b) improperly injected his

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