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BENN v. U.S.

No. 03-CF-946.

978 A.2d 1257 (2009)

Raymond L. BENN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 3, 2009.

Attorney(s) appearing for the Case

Lee Richard Goebes , Public Defender Service, for appellant. James W. Klein , Sandra K. Levick , and Erin Murphy , Public Defender Service, were on the brief, for appellant.

Ann K.H. Simon , Assistant United States Attorney, with whom Kenneth L. Wainstein , United States Attorney at the time the brief was filed, John R. Fisher , Assistant United States Attorney at the time the brief was filed, and Roy W. McLeese III and Colleen Covell , Assistant United States Attorneys, were on the brief, for appellee.

Before WASHINGTON, Chief Judge, RUIZ, Associate Judge, and SCHWELB, Senior Judge.

RUIZ, Associate Judge:

Raymond Benn appeals his convictions, after a second jury trial, for the armed kidnapping of Charles "Sean" Williams on December 1, 1992. This appeal raises an issue we have grappled with before, the admission of expert testimony on the potential unreliability of eyewitnesses. For the first time, however, we do not affirm the trial court's exclusion of the proffered expert testimony. In excluding the expert testimony proffered by appellant,...

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