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SIMPSON v. U.S.

No. 02-CF-23.

877 A.2d 1045 (2005)

Derrick S. SIMPSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 23, 2005.

Attorney(s) appearing for the Case

Jennifer C. Daskal, Public Defender Service, with whom James Klein and Lloyd U. Nolan, Jr., Public Defender Service, were on the brief, for appellant.

John C. Einstman, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney, and John R. Fisher, Roy W. McLeese III, and Leutrell M.C. Osborne, Assistant United States Attorneys, were on the brief, for appellee.

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

PER CURIAM:

A jury convicted Derrick Simpson of first-degree murder while armed and related weapons offenses. On appeal, Simpson contends that the trial judge erred in allowing the prosecutor to make so-called "fear-based" arguments during rebuttal argument. We affirm.

I.

Simpson's claims in this court relate to two prosecution witnesses, each of whom provided testimony at trial inconsistent with his prior statements. The first witness, Harold Hymes...

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