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FLEMING v. U.S.

No. 14-CF-1074.

224 A.3d 213 (2020)

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

District of Columbia Court of Appeals.

Decided January 30, 2020.

Attorney(s) appearing for the Case

Peter H. Meyers , Washington, DC, for appellant.

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

Daniel Gonen , with whom Samia Fam , Alice Wang , and Joshua Deahl were on the brief, for Public Defender Service, amicus curiae.

Mark S. Davies , Washington, DC, was on the brief for Deonte J. Bryant , amicus curiae.

Jessica Ring Amunson and Michael E. Stewart , Washington, DC, were on the brief for Terrance M. Bush , amicus curiae.

Opinion concurring in the judgment by Associate Judge Easterly, joined by Associate Judge Beckwith, at page 232.

Appellant Bernard Fleming challenges his conviction for second-degree murder while armed, arguing that the jury was erroneously instructed about how to determine whether Mr. Fleming and his codefendant were responsible for causing the death at issue. In instructing the jury, the trial court in this case relied on this court...

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