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RUSSELL v. U.S.

No. 95-CF-147.

698 A.2d 1007 (1997)

Quinton A. RUSSELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Mitchell S. Baer, appointed by Court, for appellant.

Elizabeth H. Danello, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney at time the brief was filed, and John R. Fisher, Roy W. McLeese, III, Patricia A. Riley, and Julie A. Grohovsky, Assistant United States Attorneys, on the brief, for appellee.

David A. Reiser, Public Defender Service, with whom James Klein, Public Defender Service, on the brief, as amicus curiae.

Before FERREN, STEADMAN, and KING, Associate Judges.

KING, Associate Judge:

Quinton A. Russell was convicted of first degree sexual abuse (rape) pursuant to D.C.Code § 22-4102 (1996 Repl.), a new statute which became effective on the very day of the incident for which Russell was charged.1 In this appeal Russell contends that the trial court violated his due process rights by instructing the jury that he bore the burden of proving by a preponderance of the evidence that the victim consented...

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