Opinion

Towles v. United States

  • 428 A.2d 836
  • 1981 D.C. App. LEXIS 240
Court
District of Columbia Court of Appeals
Filed
Mar 13, 1981
Status
Published
Author
Newman
On the bench
Newman, Kelly, Harris
Cited by
24 cases
Authority
More cited than 10.1%

assuming suggestive show-up procedures but holding identification nonetheless reliable and admissible

How later courts described this case

  • assuming suggestive show-up procedures but holding identification nonetheless reliable and admissible
  • finding plain error, and reversing, because of the jury’s “likely improper consideration of the impeaching statement as substantive evidence”
  • finding plain error in failure to give cautionary instruction where government impeached its own witness with a prior inconsistent statement
  • failure to give sua sponte limiting instruction found to be reversible error under the circumstances

Written by the judges who cited it.

The opinion

NEWMAN, Chief Judge,

concurring:

I join the opinion of Judge Harris except for Part III. Whether, on the one hand, one reads footnote 5 of Johnson v. United States, D.C.App., 387 A.2d 1084 (1978) (en banc), as reaffirming a per se reversal rule where the government impeaches its own witness with a prior inconsistent statement and the court fails to give a limiting instruction, sua sponte, or, on the other hand, as Judge Harris does, that such a failure must be evaluated under the plain error regime of Watts v. United States, D.C.App., 362 A.2d 706 (1976) (en banc), we are in agreement that this conviction must be reversed.

KELLY, J., concurs in the result only.

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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