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KELLY v. U.S.

No. 93-CF-1022.

639 A.2d 86 (1994)

James W. KELLY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 15, 1994.

Attorney(s) appearing for the Case

Alan E. Untereiner, Washington, DC, appointed by this court, for appellant.

Roy W. McLeese, III, Asst. U.S. Atty., with whom J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, and John R. Fisher, David Schertler, and Margaret R. Batten, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

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

ROGERS, Chief Judge:

In this expedited interlocutory appeal, appellant James W. Kelly contends that the Double Jeopardy Clause bars his retrial, after a remand based on reversible instructional errors, unless this court finds that the evidence at trial was sufficient to support his conviction of armed robbery. Appellant contends that he may not be retried because there was insufficient evidence that he knew the principal intended to commit the robbery, and that he...

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