BURGESS v. U.S.

No. 95-CM-1352.

681 A.2d 1090 (1996)

Richard BURGESS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 22, 1996.


Attorney(s) appearing for the Case

Steven G. Polin, appointed by the court, Washington, for appellant.

Ann K.H. Simon, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher and Chrisellen R. Kolb, Assistant United States Attorneys, were on the brief, for appellee.

Jeffrey B. Coopersmith, with whom John Vanderstar, Carol Elder Bruce, Georgia Kazakis, Ellen L. Chubin, and Arthur B. Spitzer were on the brief, for amicus curiae, the American Civil Liberties Union of the National Capital Area.

Kathleen Sutherland, Christopher Warnock, and Colin Dunham filed a brief, Washington, for The Jury Trial Group as amicus curiae.

Before FERREN, TERRY, and KING, Associate Judges.


TERRY, Associate Judge:

Appellant Burgess was convicted of assault1 and destruction of property,2 both misdemeanors, after a non-jury trial. On appeal from those convictions, he contends on various grounds that he was denied his constitutional right to a trial by jury. This court en banc, in an opinion issued today, has rejected his principal constitutional argument and has referred the remaining issues presented...

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