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Jerome Gay v. United States

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Argued March 3, 2010

Before WASHINGTON, Chief Judge, and KRAMER and OBERLY, Associate Judges.

Jerome Gay appeals from his conviction on a single count of simple assault, in violation of D.C. Code § 22-404 (2001), arising out of an altercation with complainant Allen Johnson. Gay asserts on appeal that the trial court committed three errors requiring reversal of his conviction: (1) it wrongly prevented an unnamed witness from testifying because it improperly ruled that the witness’ testimony would be cumulative; (2) it improperly granted a blanket Fifth Amendment privilege from testifying to defense witness Antonio Sparks; and (3) it wrongly denied Gay’s motion to have a psychiatric expert appointed to examine Johnson’s medical records and testify about the effects of Johnson’s mental illnesses and medications on his actions on the day of the assault and his ability to testify at trial.Because we hold that the trial court erred both by excluding the unnamed witness’ testimony and by ruling that Gay used excessive force in defending himself as a matter of law, we reverse and remand for a new trial.

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