Cullen v. United States

Summary

The District of Columbia Court of Appeals held that two misdemeanor sexual abuse convictions arising from closely connected touchings of the complainant's inner thigh and breast during a single incident constituted multiple punishments for the same offense under the Double Jeopardy Clause. The court remanded for vacation of one of those convictions and also directed that another conviction be vacated for insufficient evidence, while affirming the remaining judgments.

Holdings

1. The touchings of the complainant's inner thigh and breast on May 2, 2003, constituted one continuous course of conduct rather than two distinct violations of the misdemeanor sexual abuse statute. The two resulting convictions therefore imposed multiple punishments for the same offense in violation of the Double Jeopardy Clause.
2. Count two was not supported by sufficient evidence because the complainant did not testify that Cullen kissed her inner thighs during his second entry into the bedroom on May 1, and the detective's testimony about her report could not be used as substantive evidence to prove the truth of that allegation.

Questions Presented

1. Whether the two May 2 touchings of the complainant's inner thigh and breast constituted separate offenses or one continuous course of conduct for purposes of the Double Jeopardy Clause.
2. Whether the evidence was legally sufficient to support count two, where the complainant did not testify that the alleged touching underlying that count occurred.

Disposition

reversed_and_remanded