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FEASTER v. U.S.

No. 90-CF-1572.

631 A.2d 400 (1993)

Michael A. FEASTER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 20, 1993.

As Amended on Denial of Reconsideration November 16, 1993.

Attorney(s) appearing for the Case

Richard A. Ripley, with whom Diane B. Heller, Washington, DC, was on the brief, for appellant.

Barbara A. Grewe, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John R. Fisher and Elizabeth Trosman, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

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

ROGERS, Chief Judge:

Appellant Michael A. Feaster appeals from his convictions by a jury of sexual offenses on the grounds that his Sixth Amendment right to present a defense was violated when the trial judge excluded from the defense case a transcript of the grand jury testimony of Oscar Mitchell. We hold that the judge will have abused his discretion in excluding the grand jury transcript unless accompanied by a finding that the witness was not shown to be unavailable...

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