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UNITED STATES v. LIVINGSTON

Nos. 80-2296, 80-2346.

661 F.2d 239 (1981)

UNITED STATES of America, v. John T. LIVINGSTON, Appellant. UNITED STATES of America, v. David COYLE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 1981.

Attorney(s) appearing for the Case

Donald Stevenson Schwinn* and Tom O'Brien* for appellant Livingston. Ellen Sue Shapiro, Washington, D. C. (appointed by this court), was on the brief for appellant Livingston. Richard Strafer, Washington, D. C. (appointed by this court), entered an appearance for appellant Livingston.

Richard S. Bromberg, Washington, D. C. (appointed by this court), for appellant Coyle.

J. Alvin Stout, III, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry, Michael W. Farrell, and James F. Rutherford, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before WRIGHT and MIKVA, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

Appellants, who were tried jointly for armed robbery of a post office, challenge their convictions on several evidentiary and procedural grounds. Because we agree that the trial court improperly instructed the jury regarding the use of prior inconsistent statements, we reverse the convictions and remand for a new trial. We do not reach any of the other issues raised...

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