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MITCHELL v. U.S.

Nos. 09-CO-422, 12-CO-1411, 11-CO-1676, 12-CO-1412, 11-CO-1677.

101 A.3d 1004 (2014)

Gary Gathers & Keith MITCHELL, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 23, 2014.

Attorney(s) appearing for the Case

Seth Rosenthal , with whom Matthew Beville , Washington, DC, was on the brief, for appellant Gary Gathers.

Amit Mehta , Washington, DC, was on the brief for appellant Keith Mitchell.

David B. Goodhand , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Elizabeth Trosman , John P. Mannarino , and T. Anthony Quinn , Assistant United States Attorneys, were on the brief, for appellee.

Paul F. Ensinna and James P. Bair were on the brief for amicus curiae, National Association of Criminal Defense Lawyers, in support of appellants.

Philip T. Inglima and Tiffany V. Wynn , Washington, DC, were on the brief for amici curiae, W. Thomas Dillard, et al., in support of appellants.

Before BLACKBURNE-RIGSBY and BECKWITH, Associate Judges, and STEADMAN, Senior Judge.

STEADMAN, Senior Judge:

Appellants Gary Gathers and Keith Mitchell were convicted of first-degree murder and related offenses in 1994. In this appeal, they assert that at the trial, the government relied on false evidence that was crucial to the government's case and that a new trial is therefore mandated under the holding by the United States Supreme Court in Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959...

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