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BUTLER v. UNITED STATES

No. 10330.

414 A.2d 844 (1980)

Raymond E. BUTLER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 29, 1980.

Attorney(s) appearing for the Case

Silas J. Wasserstrom, Public Defender Service, Washington, D. C., for appellant.

Michael W. Farrell, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Washington, D. C., at the time of en banc argument, and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on brief, for appellee.

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

MACK, Associate Judge:

In this en banc proceeding reviewing criminal convictions, we have examined challenges to 1) the denial of a motion to suppress evidence and 2) the effective assistance of defense counsel who, prior to a hearing told the motions judge of his client's intention to commit perjury, and who permitted his client to go to a bench trial before the same judge.1 Although the first issue presents a troublesome question in...

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