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LUMPKIN v. U.S.

Nos. 88-536, 88-568 and 88-614.

586 A.2d 701 (1991)

William L. LUMPKIN, Appellant, v. UNITED STATES, Appellee. Thomas A. FIELDS, Appellant, v. UNITED STATES, Appellee. Herbert AUSTIN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 31, 1991.

Attorney(s) appearing for the Case

David C. Gray, Portsmouth, N.H., appointed by this court, for appellant Lumpkin.

Steven R. Kiersh, appointed by this court, with whom Karen L. Hochstein, Washington, D.C., was on the brief, for appellant Fields.

Elizabeth G. Taylor, with whom James Klein, and Henderson Hill, Public Defender Service, Washington, D.C., were on the brief, for appellant Austin.

Norman C. Bay, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher and Elizabeth Trosman, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, and FERREN and TERRY, Associate Judges.

FERREN, Associate Judge:

Lumpkin, Austin, and Fields present an array of challenges to their convictions for conspiring and attempting to rob and kill fellow drug dealers who, in fact, were undercover police officers. There are three significant issues on appeal: whether the trial court (1) committed plain error in failing to give a special unanimity instruction as to the overt acts of the charged conspiracy; (2) committed plain error in twice ordering the jury to...

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