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HENDERSON v. UNITED STATES

No. 21-CO-0636.

303 A.3d 375 (2023)

Carlton HENDERSON, III, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 12, 2023.

Attorney(s) appearing for the Case

Lee R. Goebes , Public Defender Service, with whom Samia Fam and Mikel-Meredith Weidman , Public Defender Service, were on the briefs, for appellant.

Bryan H. Han , Assistant United States Attorney, with whom Matthew M. Graves , United States Attorney, and Chrisellen R. Kolb and John P. Mannarino , Assistant United States Attorneys, were on the brief, for appellee.

Dissenting Opinion by Senior Judge Fisher at pages 390-91.

Carlton Henderson challenges the Superior Court's order, on remand from this court, denying his motion to strike the testimony of the sole witness at his suppression hearing as a sanction for government negligence under the Jencks Act and Super. Ct. Crim. R. 26.2. We hold that (1) the remand court committed clear error...

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