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SIMMONS v. U.S.

No. 05-CF-635.

945 A.2d 1183 (2008)

Clyde SIMMONS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 3, 2008.

Attorney(s) appearing for the Case

O. Dean Sanderford, Public Defender Service, with whom James Klein, Samia Fam, and Winsome G. Gayle, Public Defender Service, were on the brief for appellant.

Stephen J. Spiegelhalter, Assistant United States Attorney, with whom Jeffrey A. Taylor, United States Attorney, Valinda Jones, Roy W. McLeese, Mary B. McCord, and Nihar R. Mohanty, Assistant United States Attorneys, were on the brief, for appellee.

Before REID, GLICKMAN, and THOMPSON, Associate Judges.

GLICKMAN, Associate Judge:

Appellant Clyde Simmons was convicted of aggravated assault while armed, among other offenses, for shooting Edward Seymour. The identity of the shooter was the central disputed issue at trial; to prove it was appellant, the prosecution relied on circumstantial evidence. Appellant attempted to introduce, as an excited utterance, a putative eyewitness's hearsay statement identifying someone else as the shooter. The trial judge found the proffered...

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