TOWLES v. U.S.

No. 82-964.

521 A.2d 651 (1987)

Duane A. TOWLES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 18, 1987.


Attorney(s) appearing for the Case

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

Ann K.H. Simon, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on brief, for appellee.

Carl S. Rauh, Washington, D.C., with whom Roberto Iraola, was on brief, amicus curiae.

James Klein, with whom Christopher Stone, Washington, D.C., was on brief, for Public Defender Service, amicus curiae.

Before PRYOR, Chief Judge, NEBEKER, MACK, NEWMAN, FERREN, BELSON, ROGERS, and STEADMAN, Associate Judges, and REILLY, Senior Judge.


REILLY, Senior Judge:

This case is before us for reconsideration en banc of certain issues argued before a division of this court which resulted in a decision affirming an order denying appellant's motion to set aside a conviction for second-degree murder, D.C. Code § 22-2403 (1981), at his third trial. That conviction, he contends, denied him the immunity conferred by the Double Jeopardy Clause of the Constitution, inasmuch as the jury at the first trial had...

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