CARR v. U.S.

Nos. 85-1102, 85-1231.

531 A.2d 1010 (1987)

Donald CARR, Jr. and Anthony L. Carr, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 8, 1987.


Attorney(s) appearing for the Case

Joseph J. Bernard, Washington, D.C., appointed by this court, for appellant Donald Carr, Jr.

Thomas K. Clancy, Washington, D.C., appointed by this court, for appellant Anthony L. Carr.

Joan C. Barton, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Helen M. Bollwerk, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before MACK, ROGERS and STEADMAN, Associate Judge.


STEADMAN, Associate Judge:

This case involves a "missing witness" who in fact was introduced to the jury by the defense but whom the defense decided not to call. The prosecutor was allowed to argue that the jury could infer that the witness's testimony would have been harmful to the defense case and the trial court gave the standard missing witness instruction. We hold that such use of the missing witness inference on the facts of this case constituted reversible...

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