OUTLAW v. U.S.

No. 90-106.

604 A.2d 873 (1992)

Willie C. OUTLAW, Appellant v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1992.


Attorney(s) appearing for the Case

Thomas G. Ross, Riverdale, Md., appointed by the court, for appellant.

Carolyn K. Kolben, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas C. Black, and Wyneva Johnson, Asst. U.S. Attys., were on the brief, for appellee.

Before ROGERS, Chief Judge, and FARRELL, Associate Judge, and GALLAGHER, Senior Judge.


FARRELL, Associate Judge:

In this criminal appeal, we are compelled to reverse appellant's convictions and order a new trial because the prosecutor was allowed to impeach a defense witness with a prior, assertedly inconsistent, statement which the witness in fact did not make or adopt, and the erroneous impeachment bore directly on appellant's culpability in this essentially one-witness police identification case.

I.

Appellant, a codefendant Anthony...

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