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THOMAS v. U.S.

Nos. 05-CF-299, 05-CF-322.

978 A.2d 1211 (2009)

Keith THOMAS and Ron Herndon, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Patrick T. Hand , Washington, appointed by the court, for appellant Thomas.

Mindy A. Daniels , appointed by the court, for appellant Herndon.

Katherine M. Kelly , Assistant United States Attorney, with whom Jeffrey A. Taylor , United States Attorney at the time the brief was filed, and Roy W. McLeese III , Daniel S. Friedman , and David P. Saybolt , Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, GLICKMAN, Associate Judge, and STEADMAN, Senior Judge.

GLICKMAN, Associate Judge:

Appellants Keith Thomas and Ron Herndon were tried jointly before a jury. Each was convicted of first-degree premeditated murder while armed and possession of a firearm during a crime of violence. The government's proof at trial included four out-of-court statements that Thomas or Herndon had made to a relative or other acquaintance. To a greater or lesser degree, each of these statements inculpated not only its maker but also his co-defendant...

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