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BELTON v. UNITED STATES

Nos. 88-446, 88-573 and 88-773.

581 A.2d 1205 (1990)

David BELTON, Appellant, v. UNITED STATES, Appellee. Gary T. GORDON, Appellant, v. UNITED STATES, Appellee. James COWAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Reargued February 14, 1990.

Decided September 6, 1990.

Rehearing Denied October 25, 1990.

Attorney(s) appearing for the Case

Stephen O. Russell, Washington, D.C., for appellant Belton.

Lillian Alvarez McEwen, Washington, D.C., for appellant Gordon.

Richard S. Greenlee, Public Defender Service, with whom James Klein and Henderson Hill, Public Defender Service, Washington, D.C., were on the brief, for appellant Cowan.

Per A. Ramfjord, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Elizabeth Trosman, Washington, D.C., and Charles W. Cobb, Asst. U.S. Attys., Boston, Mass., were on the brief, for appellee.

Before FERREN, TERRY and SCHWELB, Associate Judges.

FERREN, Associate Judge:

Although appellants raise a variety of issues on appeal, not all of which are applicable to each of them, the principal question we must answer is whether appellant Cowan's sentencing hearing was unfair because the trial judge had engaged in ex parte communication that, Cowan contends, violated Canons 3(A)(4) and 3(C)(1) of the ABA Code of Judicial Conduct. We deal with that issue in Part...

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