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HINTON v. U.S.

No. 01-CF-1145.

979 A.2d 663 (2009)

Novel HINTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 3, 2009.

Attorney(s) appearing for the Case

Walter S. Booth for appellant.

Mary B. McCord, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney at the time the brief was filed, and Roy W. McLeese III, Assistant United States Attorney, were on the brief, for appellee.

Jaclyn S. Frankfurt, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, amicus curiae.

Before WASHINGTON, Chief Judge, and RUIZ, REID, GLICKMAN, KRAMER, BLACKBURNE-RIGSBY, THOMPSON, and OBERLY, Associate Judges.

GLICKMAN, Associate Judge:

After a jury trial, appellant Novel Hinton was convicted of one count of possessing a controlled substance, phencyclidine (PCP), with the intent to distribute in a drug-free zone.1 Midway through Hinton's trial, over his objection, the court invoked its power under Superior Court Rule of Criminal Procedure 24(c) to remove a member of the jury, Juror 8, and replace him with an alternate. A three-judge panel of...

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