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U.S. v. DAVIS

No. 09-4890.

690 F.3d 226 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Whittley DAVIS, a/k/a Baby Earl, a/k/a E, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Paresh S. Patel , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Deborah A. Johnston , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, Emily N. Glatfelter , Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge KEENAN joined. Judge DAVIS wrote a dissenting opinion.

OPINION

AGEE, Circuit Judge:

A jury convicted Earl Whittley Davis of various federal offenses arising from a course of conduct that included the armed robbery and murder during that robbery of an armored car employee, Jason Schwindler, as well as a subsequent carjacking.1 On appeal, Davis challenges the use of DNA evidence against him at trial, and also argues that the district court...

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