Jackson v. United States

623 A.2d 571, 1993 D.C. App. LEXIS 76, 1993 WL 96612
CourtDistrict of Columbia Court of Appeals
DecidedMarch 30, 1993
Docket85-CF-1331, 85-CF-1337, 86-CF-1339
StatusPublished
Cited by35 cases

This text of 623 A.2d 571 (Jackson 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
Jackson v. United States, 623 A.2d 571, 1993 D.C. App. LEXIS 76, 1993 WL 96612 (D.C. 1993).

Opinions

WAGNER, Associate Judge:

These consolidated appeals involve three co-defendants who were convicted following a joint trial for various offenses arising out of the armed robberies of three different liquor stores in the District within a one week period. During the last robbery, one of the robbers shot and killed a store manager, Lester Tuchman. The crimes occurred at: (1) Northeast Liquor Store on January 23, 1984; (2) Sol’s Liquor Store on January 27, 1984; and (3) Kovak’s Liquor Store on January 30, 1984. Appellant Mitchell Owens was the only defendant at trial indicted for offenses arising out of all three incidents.1 Appellant Owens was [576]*576convicted of two counts of robbery while armed of Leroy Davis and Rod Coller which occurred at Northeast Liquor Store; three counts of robbery while armed of Allen Porter, Jochim Berger and James Proctor which occurred at Sol’s Liquor Store; and attempted robbery while armed of Lester Tuchman, two counts of robbery while armed of William Morrison and Adrienne Brox, and one count of first-degree felony murder while armed of Lester Tuch-man, all arising out of the crimes at Ko-vak’s.2 Appellant Floyd R. Bush was convicted of the same offenses as Owens related to the robberies of Northeast Liquor Store and Kovak’s Liquor Store. Finally, Dennis Jackson was convicted of the charges stemming from the robberies of Sol’s Liquor Store and Kovak’s Liquor Store.3

Appellants raise numerous claims of error on appeal. Common to all appellants’ arguments is that the trial court erred in denying their motions to sever counts and/or defendants. Appellant Jackson also contends that the trial court erred in denying his motion to suppress identification evidence. Appellant Bush also argues that reversal is required because the trial court erred in (1) admitting other crimes evidence; (2) failing to make an inquiry when it became apparent that a conflict of interest existed between his attorney and Owens’ attorney; and (3) allowing the prosecu-. tor to make improper arguments which resulted in an unfair trial. Appellant Owens contends that the trial court erred in failing to rule sua sponte that Owens’ common-law wife had a spousal privilege which precluded her testimony and in quashing a subpoena for, or in failing to inspect in camera, psychological records of a key government witness. Finding no reversible error, we affirm.

I. Facts

During January 1984, Christopher Sampson and his friend of seven years, appellant Owens, frequently visited the apartment of Barbara Singletary at 1254 C Street, Southeast, Washington, D.C. Singletary’s home was a known “shooting gallery,” i.e., a place which people paid to enter to inject heroin. Singletary’s boyfriend, John Williams,4 had introduced Sampson and Owens to appellants Bush and Jackson about five months earlier. Ms. Singletary testified that she had known appellant Jackson since they were teenagers and that appellant Owens had introduced her to Sampson and Bush.

Ms. Singletary testified that the four men were often together in her apartment, i.e., “two — three times a week.” Sampson referred to the house as the group’s headquarters. According to Ms. Singletary’s testimony, some time after January 11, 1984, she overheard a discussion between Owens and Jackson about a liquor store. However, she could not place appellant Bush in the discussion, and she only assumed that Sampson was present because he was there with them most of the time. Ms. Singletary recounted the discussion this way:

They didn’t have enough money. They needed more money. They had to hit some place easy. Get at least a liquor store that was easy for them so they could have some money, more money.

[577]*577John Williams testified that in early 1984 he discussed with Owens, Bush, and Sampson the possibility of robbing Kovak’s Liquor store, which Owens, who knew the “spots,” said was “sweet.” Owens also said that Kovak’s had a lot of machines and cash registers, but that the group did not have enough weapons to rob a store of that size. Sampson testified that at some point he and Owens had agreed that Kovak’s could be taken, but that they needed more than three people and three pistols. The three robberies occurred after these discussions.

A. The Robbery of Northeast Liquor Store

On January 23, 1984, Sampson and Owens discussed robbing Northeast Liquor Store, selecting that store because of its secluded location. The two men met at Singletary’s apartment and asked Floyd Bush to assist them. Bush agreed. Sampson had the only weapon, a .38 caliber pistol. Owens drove the three men to the store in his green Datsun. Owens parked in a nearby alley and left Sampson and Bush in the car while he went to case the store. About two minutes later Owens returned to the car and gave Bush and Owens the go-ahead.

Between 5:00 and 5:30 p.m. Bush and Sampson entered the store. Sampson pulled out his gun, jumped on the counter, yelled “stick up” and ordered everyone to lie on the floor. At the time, two employees, Leroy Davis and Rod Coller, and at least two customers were in the store. Although neither employee saw who gave the order, they both complied. One of the customers, Arthur Williams, apparently stunned, remained standing. Sampson went to Coller’s location, opened the cash register and removed the money. Sampson also took an old pistol with a long barrel (.38 long) from a nearby shelf.

In the meantime, Bush picked up one of the clerks (Leroy Davis) by the belt and ordered him to open the other cash register. Davis complied. Bush pushed Davis back to the floor and removed money from the register. Sampson jumped over the counter just before leaving and fell. Bush and Sampson then ran to the alley where Owens was waiting in the car. As Owens drove away, Sampson and Bush lay down inside the car to avoid being seen. Sampson, Bush, and Owens returned to Single-tary’s apartment where they divided the money. They gave Ms. Singletary $20.00.

Sampson and Owens spent the night at a hotel. Subsequently Owens informed John Williams, Singletary’s boyfriend, that he had participated in the robbery of the liquor store. Williams also testified that Owens showed him the gun they took from the store, which Williams described as a big “mounty gun” with a clip on the butt.

B. The Robbery of Sol’s Liquor Store

Williams testified that after Owens showed him the mounty gun, he was present when Sampson, Bush, and Owens discussed whether they had enough guns to rob Kovak’s. Owens said he thought they did not. Shortly thereafter Sampson and Owens convinced Dennis Jackson to help rob another liquor store. On January 27th the three men rode around in Owens’ Dat-sun looking for a store to rob, and they settled on Sol’s Liquor Store. Again Owens went into the store alone, reported back to his cohorts that conditions were good, and drove around the block before parking nearby. It was about 5:20 p.m. when Sampson, armed with a .38, and Jackson, armed with the .38 long taken in the Northeast Liquor Store robbery, entered Sol’s. The owner, Jochim Berger, and two employees, Alan Porter and James Proctor, were behind one counter, while Margaret Peach, another employee, was operating a lottery machine at another. Charles Mayo, another employee, was stocking beer at another counter.

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Bluebook (online)
623 A.2d 571, 1993 D.C. App. LEXIS 76, 1993 WL 96612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-united-states-dc-1993.