United States DC Circuit

The apprehending officers should not have been allowed to testify as to statements made by non-testifying complaining witnesses; remanded for a determination of whether defense counsel's performance was constitutionally ineffective for failure to object to the admission of these out-of-court statements.

Appellate Information

• Argued 01/13/2004
• Decided 02/24/2004
• Published 02/24/2004

Judges

• Before:  EDWARDS and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sandra G. Roland, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A. J. Kramer, Federal Public Defender.  Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• John P. Gidez, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Elizabeth Trosman, and Susan B. Menzer, Assistant U.S. Attorneys.