Shawn Smith v. United States


District of Columbia Court of Appeals No. 15-CF-677 March 8, 2018 SHAWN SMITH, Appellant, v. CF2-8362-14 UNITED STATES, Appellee. On Appeal from the Superior Court of the District of Columbia Before THOMPSON and MCLEESE, Associate Judges, and FERREN,* Senior Judge. JUDGMENT This case came to be heard on the transcript of record, the briefs filed, and was argued by counsel. On consideration whereof, and as set forth in the opinion filed this date, it is now hereby ORDERED and ADJUDGED that the trial court’s judgment is affirmed. For the Court: Dated: March 8, 2018. Opinion by Senior Judge John M. Ferren. Opinion concurring in the judgment by Associate Judge Phyllis D. Thompson. Dissenting opinion by Associate Judge Roy McLeese. * Senior Judge Belson was originally assigned to this case. Following his retirement on July 24, 2017, Senior Judge Ferren was assigned to take his place on the division. Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 15-CF-677 SHAWN SMITH, APPELLANT, 03/08/2018 V. UNITED STATES, APPELLEE. Appeal from the Superior Court of the District of Columbia (CF2-8362-14) (Hon. Anita Josey-Herring, Trial Judge) (Argued January 24, 2017 Decided March 8, 2018) William Collins, Public Defender Service, with whom Samia Fam, Jonathan Anderson, and Jaclyn Frankfurt, Public Defender Service, were on the brief, for appellant. Peter S. Smith, Assistant United States Attorney, with whom Channing D. Phillips, United States Attorney at the time the briefs were filed, and Elizabeth Trosman and Laura Crane, Assistant United States Attorneys, were on the brief, for appellee. Before THOMPSON and MCLEESE, Associate Judges, and FERREN,* Senior Judge. * Senior Judge Belson was originally assigned to this case. Following his retirement on July 24, 2017, Senior Judge Ferren was assigned to take his place on the division. 2 Opinion for the court by Senior Judge FERREN. Opinion concurring in the judgment by Associate Judge THOMPSON, at page 53. Dissenting opinion by Associate Judge MCLEESE, at page 57. FERREN, Senior Judge: Appellant, Shawn Smith, was convicted of carrying a pistol outside of his home or place of business,1 unlawful possession of a firearm by a former felon,2 possession of an unregistered firearm,3 and possession of a large capacity ammunition feeding device.4 He appeals his convictions, arguing for reversal on several grounds: (1) The trial court violated his Sixth Amendment right to cross-examine the arresting police officer on a theory of “corruption bias.” (2) The trial court erred by precluding impeachment of the officer after he “falsely and repeatedly” testified that he had been “attacked and acted in self- defense” when striking a crime scene observer. 1 D.C. Code § 22-4504 (a)(2) (2001). 2 D.C. Code § 22-4503 (a)(1) (2001). 3 D.C. Code § 7-2502.01 (a) (2001). 4 D.C. Code § 7-2506.1 (b) (2001). 3 (3) The government‟s ...

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