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HERBIN v. U.S.

No. 94-CF-339.

683 A.2d 437 (1996)

Timothy HERBIN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 26, 1996.

Attorney(s) appearing for the Case

Dennis M. Hart, Washington, DC, appointed by the court, for appellant.

Jocelyn F. Woolworth, Assistant United States Attorney, Washington, DC, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Thomas C. Black, and Wyneva Johnson, Assistant United States Attorneys, were on brief, for appellee.

Before WAGNER, Chief Judge, RUIZ, Associate Judge, and GALLAGHER, Senior Judge.

RUIZ, Associate Judge:

Timothy Herbin, the appellant, brings this appeal from a Superior Court conviction of second-degree murder while armed. The appellant argues that the trial court abused its discretion in denying, without a hearing, the appellant's motion for a new trial, a motion filed on the ground that a principal government witness has recanted her trial testimony. It does not appear from the record that the trial court applied the proper test for evaluating...

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