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UNITED STATES v. MINICK

No. 81-55.

438 A.2d 205 (1981)

UNITED STATES, Appellant, v. Willie L. MINICK, Appellee.

District of Columbia Court of Appeals.

Decided December 14, 1981.

Rehearing En Banc Granted and Opinion Vacated January 13, 1982.

Attorney(s) appearing for the Case

Michael W. Farrell, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry and Steven D. Gordon, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellant.

W. Gary Kohlman, Public Defender Service, Washington, D. C., with whom Silas J. Wasserstrom and Charles J. Ogletree, Public Defender Service, Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and KELLY and FERREN, Associate Judges.

KELLY, Associate Judge:

In an indictment filed April 22, 1980, appellee was charged with felony murder, D.C.Code 1973, § 22-2401, and rape, D.C. Code 1973, § 22-2801. By pretrial motion, appellee sought to exclude from the government's evidence, as fruit of an unlawful warrantless entry into his home, items seized from his person and from his home as well as statements made to the police following his arrest. Judge Carlisle E. Pratt granted the motion as...

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