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DIAMEN v. U.S.

No. 96-CO-295, 96-CO-299, 96-CO-301.

725 A.2d 501 (1999)

Michael A. DIAMEN, Joseph Nick Sousa, and Joseph Wayne Eastridge, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 25, 1999.

Attorney(s) appearing for the Case

John K. Zwerling, Alexandria, VA, for appellant Diamen.

Arthur F. Mathews** and Alyza D. Lewin, with whom Andrew B. Weissman, Sara E. Emley, and David G. Gray, Washington, DC, were on the brief, for appellants Sousa and Eastridge.

Channing D. Phillips, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney at the time the brief was filed, and John R. Fisher and Roy W. McLeese III, Assistant United States Attorneys, were on the brief, for appellee.

Before SCHWELB and RUIZ, Associate Judges, and KERN, Senior Judge.

SCHWELB, Associate Judge:

On January 6, 1975, following a five-week trial, appellants Michael A. Diamen, Joseph Nick Sousa, and Joseph Wayne Eastridge were convicted by a jury of first-degree murder while armed, D.C.Code §§ 22-2401, -3202 (1996), in connection with the stabbing death of Johnnie Battle. On March 16, 1979, appellants' convictions were affirmed by this court. Sousa v. United States, 400 A.2d 1036 (D...

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