LEE-THOMAS v. U.S.

Nos. 06-CO-1096, 06-CO-1137 and 06-CO-1138.

921 A.2d 773 (2007)

Gary J. LEE-THOMAS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 19, 2007.


Attorney(s) appearing for the Case

Lance A. Wade, with whom David M. Zinn and Benjamin A. O'Neil, Washington, DC, were on the brief, for appellant.

Florence Pan, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III and Wendy L. Short, Assistant United States Attorneys, were on the brief, for appellee.

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


STEADMAN, Senior Judge:

This case comes before us as an expedited interlocutory appeal from the trial court's denial of appellant's motion to dismiss indictments against him on the basis of double jeopardy so as to bar a retrial. Appellant does not dispute that he consented to the mistrial in the initial proceeding, but contends that his consent was obtained in violation of his Sixth Amendment right to effective and conflict-free counsel and was thus invalid. Because...

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