District of Columbia Court of Appeals
Robert Burrell, Appellant v. United States, Appellee
February 11, 19831983 D.C. App. LEXIS 321
Summary
The court reversed Burrell's manslaughter conviction and remanded for a new trial because the government improperly introduced extensive evidence portraying Burrell as violent and the decedent as peaceful before Burrell placed his character in issue. The error was not harmless because self-defense and the identity of the aggressor were central, and the trial court gave no mitigating instruction. The court rejected Burrell's separate claim that the jury needed a sua sponte instruction requiring unanimity on the precise sequence of events.
Holding
- Admission of character evidence. The trial court erred by admitting extensive evidence concerning Burrell's general character and personal habits before the defense placed his character in issue. Evidence of Burrell's specific threats and aggressive conduct toward Ray was admissible to show malice, identify the likely aggressor, and address the reasonableness of Burrell's claimed fear, but the broader character evidence was not.
- Unanimity as to the factual sequence. The trial court did not commit plain error by failing to instruct the jury that it had to agree unanimously on the precise sequence of events leading to Ray's death.
Docket 81-1248
Cited authorities
- R. 31(a)
- D.C. Code §§ 22-2403
- D.C. Code §§ 22-2403
- D.C. Code §§ 22-2403
- D.C. Code §§ 22-2405
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