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FLEMING v. U.S.

No. 14-CF-1074

148 A.3d 1175 (2016)

Bernard FLEMING, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 10, 2016.

Attorney(s) appearing for the Case

Peter H. Meyers for appellant.

Nicholas P. Coleman , Assistant United States Attorney, with whom Channing D. Phillips , United States Attorney, and Elizabeth Trosman , Suzanne Grealy Curt , S. Vinet Bryant , and Kathryn L. Rakoczy , Assistant United States Attorneys, were on the brief, for appellee.

EASTERLY, concurring in the judgment and joining in Parts I, III, and IV of the opinion for the court, at pages 1184-85.

In Roy v. United States,1 this court approved a jury instruction in a murder prosecution on the "gun battle" (or "urban gun battle") theory of causation. The instruction permitted the jury to find that the defendant, by engaging in a gun battle in a public space, was responsible for...

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