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KIRK v. UNITED STATES

No. 85-804.

510 A.2d 499 (1986)

Kinston KIRK, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Daniel M. Schember, Washington, D.C., appointed by the court, for appellant.

Linda S. Chapman, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., and Michael W. Farrell, and Thomas J. Tourish, Jr., Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before PRYOR, Chief Judge, and MACK and NEWMAN, Associate Judges.

MACK, Associate Judge:

The principal question presented by this collateral attack upon a criminal conviction is the degree of retroactivity to be attached to our constitutional interpretation in Arnold v. United States, 467 A.2d 136 (D.C. 1983). We hold that Arnold is fully retroactive, and that appellant Kinston Kirk is entitled to benefit from the double jeopardy rule it sets forth. We hold also that our rejection...

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