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CLARKE v. U.S.

No. 03-CM-327.

943 A.2d 555 (2008)

Lydia J. CLARKE, Appellant v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 28, 2008.

Attorney(s) appearing for the Case

Ian A. Williams, Washington, DC, for appellant.

Alice Wang, Public Defender Service, with whom James Klein, Samia Fam, Jaclyn Frankfurt, and Andrea Roth, Public Defender Service, were on the briefs, for amicus curiae on behalf of appellant.

Mary B. McCord, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney at the time the original brief was filed, Jeffrey A. Taylor, United States Attorney, John R. Fisher, Assistant United States Attorney at the time the original brief was filed, and Roy W. McLeese III, Valinda Jones, Emily A. Miller, and Glen Donath, Assistant United States Attorneys, were on the brief, for appellee.

Before FARRELL and KRAMER, Associate Judges, and BELSON, Senior Judge.

FARRELL, Associate Judge:

After a bench trial, appellant was found guilty of simple assault. On appeal she contends, for the first time, that a hearsay statement by the non-testifying complainant, Marlin Thomas, to his mother was admitted into evidence in violation of Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and Davis v. Washington, 547 U.S. 813, 126 S...

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