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Kenneth J. Aiken v. United States

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Argued March 3, 2011

Before WASHINGTON, Chief Judge, THOMPSON, Associate Judge, and STEADMAN, Senior Judge.

In 2001, appellant Kenneth Aiken was convicted of committing a series of felony and misdemeanor offenses against his former girlfriend, Patricia Parker, in 2000. On appeal to this court, he sought relief from those convictions on a number of grounds, including that his trial counsel provided ineffective assistance by failing to request a so-called Kastigar*fn1 hearing, at which the government would be required to prove that its evidence at trial would not include evidence derived from immunized testimony that appellant gave at a hearing on Parker’s petition for a civil protection order (“CPO”). We concluded that appellant had made “a more than colorable showing of deficient performance” by his counsel in failing to request a Kastigar hearing, and we held that appellant was entitled to a hearing to determine whether the government had made use of his immunized testimony at trial and, if so, whether the use “was harmless beyond a reasonable doubt in light of the strength of the government’s case.” Aiken v. United States (Aiken I), 956 A.2d 33, 49-50 (D.C. 2008).

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