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TORNEY v. UNITED STATES

No. 19-CF-0117.

300 A.3d 760 (2023)

Cardell R. TORNEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 31, 2023.

Attorney(s) appearing for the Case

Claire Pavlovic , Public Defender Service, with whom Samia Fam and Jaclyn Frankfurt , Public Defender Service, were on the brief, for appellant.

Bryan H. Han , Assistant United States Attorney, with whom Michael R. Sherwin , Acting United States Attorney, and Elizabeth Trosman , Peter V. Taylor , and Kathleen Kern , Assistant United States Attorneys, were on the brief, for appellee.

Concurring opinion by Senior Judge Fisher at page 783.

We consider in this case whether forensic nurse examiners with the District's Sexual Assault Nurse Examiner (SANE) program are part of the prosecution team for Rule 16 purposes when they conduct a consensual forensic examination of a sexual assault complainant and, consistent with the trial court's assumption in this case...

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