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BOYD v. U.S.

No. 86-1734.

586 A.2d 670 (1991)

Cynthia A. BOYD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 7, 1991.

Attorney(s) appearing for the Case

David Rosenthal, Washington, D.C., for appellant.

Richard L. Chamovitz, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Asst. U.S. Atty., were on the brief, Washington, D.C., for appellee.

Before ROGERS, Chief Judge, SCHWELB, Associate Judge, and PRYOR, Senior Judge.

ROGERS, Chief Judge:

Appellant Cynthia A. Boyd appeals from her conviction by a jury of possession of heroin, D.C.Code § 33-541 (1989 Repl.), on the principal ground that she was denied her constitutional right to testify. We hold that the right to testify is a fundamental constitutional right that can only be waived by the defendant, and that the trial judge erred in failing to hold a hearing to determine whether or not Boyd had waived her right to testify when...

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