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JOHNSON v. U.S.

Nos. 93-CF-17, 93-CF-335.

671 A.2d 428 (1995)

Charles N. JOHNSON, Appellant, v. UNITED STATES, Appellee. Eugene B. SCOTT, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 27, 1995.

Rehearing En Banc Denied February 22, 1996.

Attorney(s) appearing for the Case

Lisa Greenman, Public Defender Service, with whom James Klein and Jo-Ann Wallace, Public Defender Service, Washington, DC, were on the brief, for appellant Johnson.

Brian C. Plitt, Washington, DC, for appellant Scott.

Margaret M. Lawton, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Elizabeth Trosman, and Heidi M. Pasichow, Assistant United States Attorneys, Washington, DC, were on the brief, for appellee.

Before FERREN, SCHWELB, and FARRELL, Associate Judges.

FARRELL, Associate Judge:

These felony murder convictions, arising from a vehicular homicide committed during the asportation (or "carrying away") phase of a robbery and flight from the police, require us to consider the sort of causal link the government must demonstrate between the underlying felony and the killing in circumstances where the defendant has reasons in addition to the robbery to want to escape apprehension. Appellants contend primarily that the trial...

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