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Marlon Blaize v. United States

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Submitted January 25, 2011

Before THOMPSON, Associate Judge, and FERREN and FARRELL, Senior Judges.

A jury convicted appellant Marlon Blaize of voluntary manslaughter while armed, assault with a dangerous weapon (ADW), carrying a pistol without a license, and two counts of possession of a firearm during a crime of violence (PFCV), all in connection with a shooting and subsequent hit-and-run accident that occurred in the 1400 block of Fairmont Street, N.W., on the evening of August 12, 2006. Appellant contends that the trial court plainly erred when it “failed to charge the jury . . . [that] the hit and run driver . . . was an intervening cause” of the death of the victim, Terran Miller; that the court abused its discretion in permitting a medical examiner to give her opinion that the “ultimate cause of [Miller's] death was appellant firing a gun”; that the evidence of causation was insufficient to support his conviction for voluntary manslaughter; and that his PFCV convictions merge. We disagree and affirm.

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