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BROWN v. U.S.

No. 13-CF-1234.

139 A.3d 870 (2016)

Edward BROWN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 26, 2016.

Attorney(s) appearing for the Case

Benjamin Miller , Public Defender Service, with whom James Klein , Jaclyn Frankfurt , and Jessica Brand , Public Defender Service, were on the brief, for appellant.

John Cummings , Assistant United States Attorney, with whom Vincent H. Cohen, Jr. , Acting United States Attorney at the time the brief was filed, and Elizabeth Trosman and Elizabeth H. Danello , Assistant United States Attorneys, were on the brief, for appellee.

Before BECKWITH and EASTERLY, Associate Judges, and NEBEKER, Senior Judge.

This court has long recognized the common-law defense that authorizes an individual to protect or repossess personal property using nondeadly force and that correspondingly prohibits the use of deadly force for this purpose. Deadly force is understood to include force likely to cause "serious bodily harm." In this case...

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