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THOMAS v. U.S.

Nos. 09-CF-491, 10-CO-768.

50 A.3d 458 (2012)

Ernest W. THOMAS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 12, 2012.

Attorney(s) appearing for the Case

David H. Reiter , for appellant.

Helenanne Listerman , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Roy W. McLeese III , Elizabeth Trosman , Mary B. McCord , Dorann E. Banks , and Keith A. Becker , Assistant United States Attorneys, were on the briefs, for appellee.

Before FISHER, Associate Judge, RUIZ, Associate Judge, Retired, and FARRELL, Senior Judge.

RUIZ, Associate Judge, Retired:

Two appeals arising from the same criminal conviction are before the court. In 2008, an indictment was filed charging appellant with two counts of sexual abuse. Prior to trial, appellant filed a motion to dismiss one of the counts as violative of the Ex Post Facto Clause of the United States Constitution. He also filed a motion under Superior Court Rules of Criminal Procedure 8(a) and 14 to sever the two counts into separate...

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