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GAFFNEY v. U.S.

No. 04-CF-1103.

980 A.2d 1190 (2009)

Dewayne L. GAFFNEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 17, 2009.

Attorney(s) appearing for the Case

Mikel-Meredith Weidman, Public Defender Service, with whom James Klein and Samia Fam, 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 at the time the brief was filed, and Roy W. McLeese III and Denise Cheung, Assistant United States Attorneys, were on the brief, for appellee.

Before REID and GLICKMAN, Associate Judges, and PRYOR, Senior Judge.

GLICKMAN, Associate Judge:

Appellant Dewayne Gaffney challenges the sufficiency of the evidence to support his conviction for perjury before the grand jury. We agree that, under the special "two-witness" rule applicable to perjury prosecutions, the evidence was insufficient. On that ground, we reverse appellant's conviction.1

Appellant was indicted on two counts of perjury for statements he made under oath before a Superior Court...

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