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WHEELER v. U.S.

Nos. 01-CF-271, 01-CF-387.

930 A.2d 232 (2007)

Anthony D. WHEELER, Appellant v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 16, 2007.

Attorney(s) appearing for the Case

Jennifer C. Daskal, Public Defender Service, with whom James Klein and Samia Fam, Public Defender Service, were on the brief, for appellant.

Rochelle E. Rubin, Assistant United States Attorney, for appellee. Kenneth L. Wainstein, United States Attorney at the time the brief was filed, and John R. Fisher, Assistant United States Attorney at the time the brief was filed, Barbara J. Valliere, and Burke W. Kappler, Assistant United States Attorneys, were on the brief, for appellee.

Before RUIZ, Associate Judge, and KING and TERRY, Senior Judges.

RUIZ, Associate Judge:

Appellant challenges his conviction on a number of weapons charges, claiming several errors in the instructions given to the jury concerning fingerprint evidence. We hold that an instruction to the jury that the lack of fingerprint evidence cannot, as a matter of law, constitute reasonable doubt impermissibly invaded the jury's exclusive province to weigh the evidence as a whole against the standard of reasonable doubt, and requires reversal...

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