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BURNS v. U.S.

No. 04-CO-183.

880 A.2d 258 (2005)

Dwayne BURNS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 4, 2005.

Attorney(s) appearing for the Case

Seann Patrick Riley, filed a brief for appellant.

Kenneth L. Wainstein, United States Attorney, with whom John R. Fisher, Elizabeth Trosman, Carolyn K. Kolben, and Margaret A. Sewell, Assistant United States Attorneys, were on the brief, for appellee.

Before RUIZ, and WASHINGTON, Associate Judges, and STEADMAN, Senior Judge.

RUIZ, Associate Judge:

Appellant challenges the trial court's decision to deny, without a hearing, his motion under Superior Court Criminal Rule 118 to seal the records of a previous arrest. The argument, essentially, is that his submission of a sworn affidavit in support of his motion created a sufficient factual dispute so as to require a hearing on the motion, and also established, by clear and convincing evidence, that...

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