FORTUNE v. U.S.

No. 09-CF-780.

65 A.3d 75 (2013)

Delonte C. FORTUNE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 2, 2013.


Attorney(s) appearing for the Case

Christine A. Monta , Public Defender Service, with whom James Klein , Samia Fam , and Jaclyn S. Frankfurt , Public Defender Service, were on the brief, for appellant.

Leslie Ann Gerardo , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, Roy W. McLeese III , Assistant United States Attorney at the time the brief was filed, and Kevin Flynn and Seth Waxman , Assistant United States Attorneys, were on the brief, for appellee.

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


GLICKMAN, Associate Judge:

Following a short trial in appellant's first-degree murder prosecution the jury thrice reported itself deadlocked — stymied, it said in its second note to the court, by "a fundamental disagreement." The third note, sent after more than eight hours of deliberation, informed the court that the jury was evenly split; that the jurors in each camp had "absolutely no doubt about their vote" on the question of appellant's "guilt or innocence...

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