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Bishop v. United States

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Argued March 5, 2008

Before RUIZ and GLICKMAN, Associate Judges, and SCHWELB, Senior Judge.

Appellant, Jabari Bishop, appeals a judgment of conviction on a jury verdict finding him guilty of threatening to damage property and do bodily harm. See D.C. Code § 22-1810. He argues that the admission of his mug shot as part of a photo array constituted an abuse of discretion meriting reversal because (1) the government had no demonstrable need to introduce the photo array, (2) the mug shot, by itself, implied that he had a criminal record, and (3) the manner in which the photo array was introduced drew attention to the police source of the photograph and the implication that appellant had a criminal record. Moreover, appellant argues, the trial court’s curative instruction compounded the prejudice by informing the jury that appellant had been arrested in the past. We agree that the manner in which the mug shot was presented to the jury was improper. Because we cannot say that in the context of this trial the error was harmless beyond a reasonable doubt, we reverse and remand the case for a new trial.

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