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DAVIS v. U.S.

No. 85-121.

564 A.2d 31 (1989)

Milton Lee DAVIS, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 5, 1989.

Attorney(s) appearing for the Case

Steven H. Goldblatt, Georgetown University Law Center, appointed by this court, with whom Lesley Anne Fair and Martha J. Tomich, Appellate Law Fellows, and Mark Antonvich, Student Counsel, Washington, D.C., were on the brief, for appellant.

Daniel S. Seikaly, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., at the time the brief was filed, and Michael W. Farrell, Asst. U.S. Atty., at the time the brief was filed, were on the brief, for appellee.

Elizabeth G. Taylor, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief and argued amicus curiae, on behalf of appellant.

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

NEWMAN, Associate Judge:

Milton Davis was convicted of carrying a pistol without a license, D.C.Code § 22-3204 (1981). He appealed, contending that the trial court had violated his fifth and sixth amendment rights to due process and to present witnesses by permitting a defense witness to refuse to testify on the basis of a claimed fifth amendment privilege against self-incrimination. A division of this court agreed with Davis that the trial court had committed...

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