Hollingsworth v. United States

531 A.2d 973, 1987 D.C. App. LEXIS 444
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 25, 1987
Docket84-705
StatusPublished
Cited by30 cases

This text of 531 A.2d 973 (Hollingsworth v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollingsworth v. United States, 531 A.2d 973, 1987 D.C. App. LEXIS 444 (D.C. 1987).

Opinion

TERRY, Associate Judge:

After a jury trial, appellant was convicted of armed robbery, 1 carrying a pistol without a license, 2 possession of an unregistered firearm, 3 and possession of ammunition without a registration certificate. 4 Concluding that the trial court abused its discretion in three respects and that appellant’s defense was thereby prejudiced, we reverse the armed robbery conviction and remand the case for a new trial on that charge. The convictions on the pistol and ammunition charges, however, are affirmed.

I

On the afternoon of February 15, 1983, Frederick Baker went to a service station on Fourteenth Street, N.W., to discuss certain repairs of his automobile which were to be done by a mechanic who worked there, Earl Mines. Baker was carrying $1,003 in cash, taken from his savings, with which he intended to pay for the repairs. Mines was not working that day, however, so Baker left the station with the money still in his pocket and walked to the Chez Maurice restaurant on Ninth Street, where he worked as a porter. 5

At about 4:00 p.m., just a few minutes after he arrived and started to work, Baker was robbed of all his money at gunpoint in the vestibule of the restaurant. Baker recognized the robber as a man he had seen in the neighborhood at least a dozen times before, often driving a yellow compact car. The robber drove off in a yellow compact car, the license number of which Baker promptly wrote down as CYL-271.

The next day, February 16, Baker went to police headquarters and identified appellant Hollingsworth as the robber from an array of color slides. On the basis of this identification the police obtained a warrant, on which Hollingsworth was arrested on March 8. He was released on bond the same day and ordered to appear in a lineup on March 16. Mr. Baker attended that lineup and identified Hollingsworth in person as the man who had robbed him.

After the lineup, as Baker was leaving police headquarters in the company of Detective Robert Panko, he saw a yellow car parked across the street. Even though the license plates bore a different number, he recognized it immediately as the robber’s car and identified it as such to Detective Panko. Investigation revealed that Holl-ingsworth’s wife had owned a yellow Toyo *976 ta on the date of the robbery, February 15, and that Hollingsworth himself had applied for new license tags on February 18, claiming that one of the old tags had been lost. 6

Hollingsworth was arrested again on March 24 in connection with an ongoing narcotics investigation. In his pocket the arresting officers found a .38 caliber “ham-merless” snub-nosed revolver and six live rounds of .38 caliber ammunition. Baker identified this gun, which had a distinctive appearance, 7 as the one used in the robbery.

The defense theory was that Baker had completely fabricated the robbery in order to avenge an earlier dispute with Hollings-worth. Carol Ray testified that she witnessed that dispute at the restaurant on February 14, the day before the robbery. 8 She said that as Hollingsworth, whom she knew as a friend of her fiance, left the restaurant, he was grabbed by a man she had never seen before. After a verbal exchange, Hollingsworth “popped” the other man and walked away. As he did so, the other man exclaimed, “I’m going to fix you, man, I’m going to get you,” or “something like [that].”

Ray testified that she had seen the man who had threatened Hollingsworth in the courthouse during the trial. The description she gave of this man seemed to fit Baker, but Ray never made an actual identification of Baker as the one whom Holl-ingsworth had hit. Consequently, while Ray was on the stand, defense counsel proposed that Baker be brought into the courtroom so that Ray could look at him and tell whether he was the same man. The prosecutor objected, and the court denied the request.

After the defense rested, 9 defense counsel learned that Baker had allegedly threatened Ray in the hallway of the courthouse after her testimony. According to defense counsel, Baker told Ray that she would be “taken care of too.” Counsel moved to reopen the case and recall Ray so that she might testify about this threat, but the court denied the motion.

The jury found Hollingsworth guilty as charged. On appeal he makes numerous assignments of error. First, he argues that the trial court improperly prevented Carol Ray from making an'in-court identification of Baker. Second, he maintains that he should have been allowed to recall Ray so that she could testify about the threat Baker made against her. Third, he asserts that the trial court erroneously rejected his counsel’s repeated efforts to show the relevance of certain testimony. We find merit in all three of these arguments, and accordingly we reverse Hollingsworth’s armed robbery conviction. 10

*977 II

Defense counsel requested the trial court to permit an identification commonly known as a one-person showup. In essence, counsel wanted Frederick Baker, the complaining witness, to come into the courtroom and be identified by Carol Ray as the man whom she had heard threatening Hollingsworth. When counsel first asked the court for a showup identification, the prosecutor quickly objected, saying, “This is not an identification procedure.” The trial court found this objection to be “valid” and denied the request.

Later, before the jury returned from its luncheon recess, defense counsel again requested a showup. Although counsel acknowledged that Ray had already described the man who had threatened Hollings-worth — a description which counsel said was “clear enough” — she still felt that a showup would add credibility to Ray’s identification of Baker. At this point the following occurred:

Ms. McLaughlin [the prosecutor]: Your Honor, for the record I think it’s entirely suggestive and inappropriate. I am sure if we attempted to do that with the defendant we would not even get to trial.
The Court: That’s right.
Ms.- McLaughlin: This is a year later. It’s a very suggestive situation. She knows at this point that he is a victim in the case. And I would just object strenuously. I think it is highly improper.
Ms. Gunning [defense counsel]: Your Honor, I think the government does that with the defendant all the time when obviously they ask their witness to point the defendant out in the courtroom. Who else is it going to be? It’s not a woman who is the defendant. It’s not a white male who is the defendant. And even if the government—
The Court: Ms. Gunning, if you can’t see the difference I am not going to take the time to explain it to you.

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Bluebook (online)
531 A.2d 973, 1987 D.C. App. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollingsworth-v-united-states-dc-1987.