BYRD v. U.S.

Nos. 89-CF-159, 90-CO-772.

614 A.2d 25 (1992)

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

District of Columbia Court of Appeals.

Decided August 14, 1992.


Attorney(s) appearing for the Case

Lawrence M. Baskir, Washington, D.C., appointed by this court, for appellant.

Martin D. Carpenter, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas C. Black, and Gregory Jackson, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

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


SCHWELB, Associate Judge:

Willie C. (Stink) Byrd was found guilty by a jury of possession of PCP and marijuana with the intent to distribute each of these controlled substances. D.C.Code § 33-541(a)(1) (1989). Byrd filed a motion for a new trial pursuant to D.C.Code § 23-110 (1988), arguing that his trial counsel had been constitutionally ineffective. Byrd's motion was based primarily on his attorney's failure to call two exculpatory witnesses (who had testified...

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