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SMITH v. U.S.

No. 05-CM-1519.

947 A.2d 1131 (2008)

Joseph SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 1, 2008.

Attorney(s) appearing for the Case

R. Michael Labelle, for appellant.

Mary Chris Dobbie (a member of the Texas Bar), Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III, and B. Patrick Costello, Jr., Assistant United States Attorneys, were on the brief, for appellee.

Before RUIZ and BLACKBURNE-RIGSBY, Associate Judges, and PRYOR, Senior Judge.

PRYOR, Senior Judge:

Appellant appeals from his conviction for assault,1 arguing that the trial court erred: (1) by admitting into evidence portions of the complainant's 911 call that are testimonial hearsay under the Supreme Court's decisions in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and Davis v. Washington, 547 U.S. 813

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