when rule is new, reliance on old practice carries "common sense presumption of reasonableness" unless new rule had been foreshadowed
How later courts described this case
- when rule is new, reliance on old practice carries "common sense presumption of reasonableness" unless new rule had been foreshadowed
- only two prospective jurors questioned at the bench actually served on panel, and defense counsel did not use one peremptory strike
- “the issue remains one of ‘legislative intent but the presumption is in favor of severability.’”
- when Congress acts as a national legislature, it is but one actor among three, but when it acts on a local scale, it “ ‘encompasses the full authority of government ... the Executive and Judicial powers as well as the Legislative’ ” (emphasis in original)
Written by the judges who cited it.
The opinion
TERRY, Associate Judge,
concurring:
I join in part I of Judge Nebeker’s concurring opinion. In general, I agree with the position of the trial judge in the Cole case on the issue of severability. However, I also agree with Judge Nebeker that Congress has decided the issue for us by enacting, only a few days before we heard argument in these cases, an express sever-ability provision. 1 Since our decision is governed by this new statute, I see no need to discuss the point further, except to endorse what Judge Nebeker has already said.
On the question of corroboration, I agree with the majority that the time has come to abolish the corroboration requirement entirely. Since the issue is properly before us in this case, I join in part VII(B)(1) of the majority opinion. I also join in part *860 VII(A), which holds that Cole’s sentencing argument is totally without merit.
As for the jury selection issue raised by appellant Gary, I believe that the Robinson and Boone cases 2 were wrongly decided. I recognize, however, that they are binding precedents, and thus I concur in the majority’s holding that the trial court erred, but that its error was harmless.
. In Pub.L. No. 98-473, § 131 (1), 98 Stat. 1975 (1984), Congress added a new section dealing with severability to the District of Columbia Self-Government Act, which until then had contained nothing on the issue of severability. The new provision, which became section 762 of the original Act, went into effect on October 12, 1984. It appears in the 1985 Supplement to volume 1 of the District of Columbia Code, at page 28.
. Robinson v. United States, 448 A.2d 853 (D.C.1982), rehearing en banc denied, 456 A.2d 848 (1983); Boone v. United States, 483 A.2d 1135 (D.C.1984) (en banc).