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ARNOLD v. UNITED STATES

No. 80-1164.

436 A.2d 1302 (1981)

James E. ARNOLD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 9, 1981.

Attorney(s) appearing for the Case

Michael R. Bromwich, Washington, D. C., appointed by this court with whom Michael Fischer, Washington, D. C., was on the brief, for appellant.

Michael S. Pasano, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before KERN, NEBEKER, and PRYOR, Associate Judges.

NEBEKER, Associate Judge:

Arnold appeals a denial by the Superior Court of his collateral attack on his conviction for two rapes. He argues that our en banc decision, affirming by the equally divided ten-judge court, on the question of harmless error,1 violates the ex post facto proscription of Article I of the Constitution. We hold that the issue whether the conceded error was of constitutional magnitude, so as to trigger that proscription...

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