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TURSIO v. U.S.

Nos. 91-CF-172 & 91-CF-849.

634 A.2d 1205 (1993)

Pedro TURSIO, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 15, 1993.

Attorney(s) appearing for the Case

David W. Bos, Public Defender Service, with whom James Klein and Jo-Ann Wallace, Public Defender Service, were on the brief, for appellant.

Chrisellen R. Kolb, Asst. U.S. Atty., with whom J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, and John R. Fisher and Roy W. McLeese, III, Asst. U.S. Attys., were on the brief, for appellee.

Before FERREN and SCHWELB, Associate Judges, and BELSON, Senior Judge.

FERREN, Associate Judge:

Appellant was convicted of second degree murder while armed. D.C.Code §§ 22-2403, -3202 (1989 & Supp.1993). Before the jury was sworn, defense counsel moved for dismissal of the indictment, asserting that the government had used its peremptory challenges in a discriminatory manner violating Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The trial court denied the...

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