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HICKS v. U.S.

No. 96-CF-345.

707 A.2d 1301 (1998)

John P. HICKS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 19, 1998.

Attorney(s) appearing for the Case

Thomas Heslep, Alexandria, VA, appointed by this court, for appellant.

Margaret Flaherty, Assistant United States Attorney, with whom Mary Lou Leary, United States Attorney, and John R. Fisher, Elizabeth Trosman, and Robert J. Spagnoletti, Assistant United States Attorneys, were on the brief, for appellee.

Before STEADMAN, SCHWELB, and REID, Associate Judges.

REID, Associate Judge:

After a jury trial, appellant John P. Hicks was convicted of first degree sexual abuse, in violation of D.C.Code § 22-4102 (1996), and kidnapping, in violation of D.C.Code § 22-2101.1 His timely appeal challenges the jury instruction regarding first degree sexual abuse. He claims that the trial court unconstitutionally shifted the burden of proof to him on the element of force. We reverse.

FACTUAL...

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