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UNITED STATES v. DONALDSON

No. 81-64.

451 A.2d 51 (1982)

UNITED STATES, Appellant, v. Joseph P. DONALDSON, Appellee.

District of Columbia Court of Appeals.

Decided September 15, 1982.

Attorney(s) appearing for the Case

Peggy M. Tobolowsky, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the case was argued, John A. Terry, Asst. U. S. Atty., Washington, D. C., at the time the case was argued, and Timothy J. Reardon, III, Mark J. Biros, David S. Krakoff, Asst. U. S. Atty., and John J. McDermott, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellant.

Charles S. Carroccio, Jr., Washington, D. C., appointed by this court, for appellee.

Before NEBEKER, MACK and PRYOR, Associate Judges.

NEBEKER, Associate Judge:

A jury convicted Joseph P. Donaldson of second-degree murder while armed. D.C. Code 1973, §§ 22-2403, -3202. However, following hearings on Donaldson's motion to vacate sentence, D.C.Code 1973, § 23-110, Judge Nunzio held that the trial court's pretrial inquiry into Donaldson's assertions of ineffective assistance of counsel lacked the requisite scope of findings. He ordered a new trial...

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