# Little v. United States

> District of Columbia Court of Appeals · August 7, 1992 · 613 A.2d 880

URL: https://www.frixlaw.com/law-library/cases/9762996

## Case

- **Full name:** Marvin C. LITTLE, Appellant, v. UNITED STATES, Appellee
- **Court:** District of Columbia Court of Appeals
- **Decided:** August 7, 1992
- **Citations:** 613 A.2d 880; 1992 D.C. App. LEXIS 200; 1992 WL 187481
- **Precedential status:** Published
- **Opinion:** Concurrence by Kern
- **Judges:** Ferren, Wagner, Kern
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9762996

## How later opinions describe it (automated extraction)

- holding that defendant who shouted, “No, Marvin,” when his co-defendant moved to shoot a security guard did not intend to identify his codefendant as Marvin or make any assertion; thus, the utterance was not a statement for purposes of hearsay rule
- noting that "the exclusion of even one ... member of the venire for racial reasons violates the equal protection clause"

## Opinion text

KERN, Senior Judge,
concurring:
While I agree with the affirmance of appellant’s convictions and much of the reasoning in the majority opinion, I am not persuaded that the so-called Batson issue was a close one or that the trial court’s Batson inquiry was not entirely satisfactory. I am persuaded that the trial court’s analysis of the circumstances concerning the prosecutor’s use of preemptory challenges here was quite adequate and that its decision that no prima facie case of discrimination was shown was quite correct. As the majority points out, appellant by “focusing primarily on numbers ... failed to meet his prima facie burden.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762996. Public record. Not legal advice.