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JONES v. U.S.

No. 96-CM-1220.

747 A.2d 558 (1999)

Elton R. JONES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 4, 1999.

Attorney(s) appearing for the Case

Christian G. Lamar, Public Defender Service, with whom James Klein and Samia Fam, Public Defender Service, were on the brief, for appellant.

Susan A. Nellor, Assistant United States Attorney, with whom Mary Lou Leary, United States Attorney at the time the brief was filed, and John R. Fisher, and Thomas C. Black, Assistant United States Attorneys, were on the brief, for appellee.

Before SCHWELB and REID, Associate Judges, and MACK, Senior Judge.

ON PETITION FOR REHEARING

MACK, Senior Judge:

In this court, appellant Jones challenges his conviction on one count of possession of a controlled substance (in violation of D.C.Code § 33-541(d)), and the denial of his motion to suppress statements made by him while in custody and before he had been advised of his Miranda2 rights. We agree with his contentions and, therefore, reverse.

I.

Briefly,...

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