EVANS v. U.S.

No. 07-CF-1036.

12 A.3d 1 (2011)

Herbert EVANS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 20, 2011.


Attorney(s) appearing for the Case

Jessica Brand , Public Defender Service, with whom James Klein and Jaclyn Frankfurt , Public Defender Service, were on the brief, for appellant.

Andrew Finkelman , Assistant United States Attorney, with whom Channing D. Phillips , Acting United States Attorney at the time the brief was filed, and Roy W. McLeese III , Chrisellen R. Kolb , Frederic Gallun , and Ann K.H. Simon , Assistant United States Attorneys, were on the brief, for appellee.

Before RUIZ and FISHER, Associate Judges, and BELSON, Senior Judge.


BELSON, Senior Judge:

Appellant Herbert Evans challenges his conviction for aggravated assault while armed (AAWA),1 arguing that the trial court abused its discretion in declining to grant a mistrial or, in the alternative, in declining to give a curative instruction, to deal with a comment the government made in its opening statement about evidence that was not later adduced at trial. Specifically, appellant argues that the government...

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