Bennett v. United States

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Argued January 29, 2002

On December 6, 1995, a jury convicted Jerry J. Bennett of first-degree murder while armed, D.C. Code �� 22-2401 and -3202 (1996), *fn1 possession of a firearm during a crime of violence (PFCV), D.C. Code � 22-3204 (b) (1996), *fn2 and carrying a pistol without a license (CPWOL), D.C. Code � 22-3204 (a) (1996). *fn3 On March 5, 1999, Bennett filed a post-trial motion to vacate his conviction pursuant to D.C. Code � 23-110, alleging ineffective assistance of counsel at trial. Following an evidentiary hearing, the trial judge denied Bennett’s motion in a four-page written order.

Bennett filed timely appeals from his convictions and from the order denying his post-trial motion. These appeals were consolidated by order of this court. Bennett contends, inter alia, that the trial judge erred by permitting the redaction, from a principal prosecution witness’ grand jury testimony which was provided to the defense pursuant to the Jencks Act, 18 U.S.C. � 3500, *fn4 of material tending to show that she had lied either to the police or to the grand jury with respect to another murder that she had allegedly observed. We agree and reverse.

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