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THOMAS v. U.S.

No. 84-1647.

557 A.2d 599 (1989)

Melvin W. THOMAS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 20, 1989.

Attorney(s) appearing for the Case

David A. Reiser, Public Defender Service, Washington, D.C., for amicus curiae.

Thomas Abbenante, Washington, D.C., appointed by the court, for appellant.

Michael W. Farrell, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Washington, D.C., and Joseph E. diGenova, U.S. Atty., Chevy Chase, Md., at the time the petition was filed, were on the petition, for appellee.

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

PER CURIAM:

After a jury trial, appellant Thomas was convicted of felony murder, D.C.Code § 22-2401 (1981), armed robbery, id., §§ 22-2901, -3202 (1981 & 1988 Supp.), and carrying a pistol without a license, id., § 22-3204. On appeal before a hearing division, this court ruled that it was error to admit the testimony from a previous trial in another case of a witness who was ruled to be unavailable as a witness at the trial of...

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