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Andre D. Mason v. United States

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Argued January 20, 2011

Before FISHER and THOMPSON, Associate Judges,and RUIZ, Senior Judge.*fn1

After the jury in a first trial was unable to reach a verdict, the jury in a second trial found appellant guilty of second-degree murder while armed*fn2 and weapons offenses*fn3 in connection with the death of Delonte Borum, who was shot in the back of the head while he was playing dice. Appellant challenges several evidentiary rulings that led to the admission of a prior consistent statement of a witness he claims had a motive to lie when the statement was made, records from the D.C. Jail that showed the movements of appellant and a government witness, and four telephone calls appellant made from the D.C. Jail. He also challenges the trial court’s limitation of cross-examination of a government witness for anti-gay bias and the denial of appellant’s motion to compel the government to reveal the identity of a confidential informant. We reject appellant’s claims of error, except with respect to the limitation on bias cross-examination. However, we hold that the error was harmless. Accordingly, we affirm appellant’s convictions.

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