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Coghill v. United States

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Argued November 13, 2008

Before WASHINGTON, Chief Judge, GLICKMAN, Associate Judge, and FERREN, Senior Judge.

A jury found co-defendants Shannon Marshall and Darius Coghill each guilty of one count of assaulting, resisting, or interfering with a police officer’s duties, D.C. Code § 22-405(a) (2005), commonly referred to as assaulting a police officer or APO, and also found Marshall guilty of one count of possession of marijuana, D.C. Code § 48-904.1(d). Coghill appeals his APO conviction on the grounds that the government failed to put forth sufficient evidence to support the conviction. Marshall appeals his APO conviction on the grounds that the jury was improperly instructed, the government failed to set forth sufficient evidence to support the conviction, and that the arresting officer lacked probable cause to arrest him for APO. Because we agree that the jury was improperly instructed as to Marshall’s APO charge, we affirm in part and reverse in part.

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