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BURGESS v. U.S.

No. 05-CF-177.

953 A.2d 1055 (2008)

Shawn BURGESS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 31, 2008.

Attorney(s) appearing for the Case

Lee R. Goebes, Public Defender Service, with whom James Klein, Jaclyn S. Frankfurt, and M. Eve Hanan, Public Defender Service, were on the brief, for appellant.

Ann K.H. Simon, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III, and Lisa Hertzer Schertler, Assistant United States Attorneys, were on the brief, for appellee.

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

REID, Associate Judge:

A jury convicted appellant, Shawn Burgess, on several counts of criminal offenses.1 On appeal, his primary challenge2 is to the decision of the trial court denying his motion in limine "to present expert testimony on the psychological factors of memory and perception that affect the accuracy of eyewitness identifications especially when it involves cross-racial identification....

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