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EPPERSON v. UNITED STATES

No. 81-332.

495 A.2d 1170 (1985)

Robert L. EPPERSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 24, 1985.

Attorney(s) appearing for the Case

Edward N. Leavy, Washington, D.C., appointed by this court, for appellant.

Judith Hetherton, Asst. U.S. Atty., Washington, D.C., with whom Joseph diGenova, U.S. Atty., and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the pleadings, for appellee.

Before MACK and FERREN, Associate Judges, and GALLAGHER, Associate Judge, Retired.

ON REHEARING

GALLAGHER, Associate Judge, Retired:

In its per curiam decision in this case (Epperson v. United States, 471 A.2d 1016 (D.C.1984)), this court held, essentially, that a trial judge should not repeatedly give an "anti-deadlock" instruction to a "hung jury." Sometime later, the government filed a motion to recall the mandate and to consider its petition for rehearing...

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