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GAYNOR v. U.S.

No. 08-CF-206.

16 A.3d 944 (2011)

Darryl T. GAYNOR, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 31, 2011.

Attorney(s) appearing for the Case

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

Stratton C. Strand , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Elizabeth Trosman , Mary B. McCord , and Sharon Marcus-Kurn , Assistant United States Attorneys, were on the brief, for appellee.

Before REID and FISHER, Associate Judges, and KRAVITZ, Associate Judge, Superior Court of the District of Columbia.

FISHER, Associate Judge:

After a jury trial, appellant Darryl T. Gaynor was convicted of two counts of first degree sexual abuse with aggravating circumstances1 and one count of incest.2 Appellant now challenges his convictions for first degree sexual abuse, arguing that the instructions regarding the affirmative defense of consent unconstitutionally shifted the burden of proof to appellant to disprove the...

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