SIMMS v. U.S.

No. 11-CM-585.

41 A.3d 482 (2012)

David SIMMS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 12, 2012.


Attorney(s) appearing for the Case

Fletcher P. Thompson , Crownsville, MD, for appellant.

John L. Hill , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Roy W. McLeese III and Mary B. McCord , Assistant United States Attorneys, were on the brief, for appellee.

Before THOMPSON and Easterly, Associate Judges, and FERREN, Senior Judge.


EASTERLY, Associate Judge:

Mr. Simms appeals from his conviction for assault on a police officer ("APO") on the ground of prosecutorial vindictiveness. Specifically, Mr. Simms contends that the government, having announced that it was ready to try its case against him, vindictively added an APO charge to a preexisting charge of possession of marijuana after Mr. Simms exercised his right to compulsory process and asked the trial court to enforce a subpoena, thereby...

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