MERLE v. U.S.

No. 90-CO-471.

683 A.2d 755 (1996)

Howard L. MERLE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 30, 1996.


Attorney(s) appearing for the Case

Kenneth H. Rosenau, Washington, DC, appointed by the court, for appellant.

Leslie A. Blackmon, Assistant United States Attorney, Washington, DC, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Robert A. Feitel, and Robert D. Okun, Assistant United States Attorneys, were on the brief, for appellee.

Before WAGNER, Chief Judge, TERRY, Associate Judge, and BELSON, Senior Judge.


TERRY, Associate Judge:

This is an appeal from an order revoking appellant's probation. We are presented with three issues: (1) whether the trial court impermissibly considered its own recollection when deciding that appellant had violated the conditions of his probation, (2) whether the revocation of appellant's probation was barred by collateral estoppel, and (3) whether the court erred in refusing to consider appellant's mental illness as a defense to his alleged...

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