Opinion

Byrd v. United States

  • 500 A.2d 1376
Court
District of Columbia Court of Appeals
Filed
Feb 3, 1986
Status
Published
Author
Newman
On the bench
Newman, Belson
Cited by
27 cases
Authority
More cited than 7.2%

Vacated by Towles v. United States, 1986 D.C. App. LEXIS 520 (1986)

holding “we would take the view that we should decline to mandate which of appellant’s first-degree murder convictions must be vacated, but leave it to the trial court on remand to cure the multiple punishment problem, so that it may implement its original sentencing plan”

How later courts described this case

  • holding “we would take the view that we should decline to mandate which of appellant’s first-degree murder convictions must be vacated, but leave it to the trial court on remand to cure the multiple punishment problem, so that it may implement its original sentencing plan”
  • explaining that “[f]irst-degree premeditated murder and first-degree felony murder are but separate clauses in one statutory provision—D.C. Code § 22-2401 (1981)—murder in the first degree”
  • explaining that the Blockburger test is used only if the court has determined the two crimes are statutorily distinct
  • imposition of concurrent sentences does not obviate the problem of multiple punishment inherent in dual convictions

Written by the judges who cited it.

The opinion

NEWMAN, Associate Judge,

concurring:

I join the opinion of Judge Belson in all respects save one, and write separately only to highlight an additional area of concern which I have. I have serious doubt as to whether second-degree murder is a lesser included offense of felony murder. See Towles v. United States, 496 A.2d 560 , slip op. at 7, n. 6 (D.C. July 25, 1985) (vacated by en banc order dated October 1, 1985 when the court decided to rehear en banc). I have the same “substantial doubt” expressed by Judge Ferren in his dissent on this issue in Towles .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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