Washington v. United States

Summary

The District of Columbia Court of Appeals considered whether a trial court erred by allowing the jury, during deliberations, to view the defendant at close range and from multiple angles. The court held that the viewing did not constitute new evidence because the jury had already had the opportunity to observe the defendant during trial, and it affirmed the convictions. The court alternatively concluded that any error would have been harmless.

Holdings

1. The trial court did not err in allowing the jury, at its request, to view Washington at close range and from multiple angles because the jury had already had the opportunity to observe his physical characteristics during trial.
2. The jury's requested view of Washington's facial profile did not constitute new evidence requiring the trial court to reopen the case.
3. Even assuming that allowing the jury to view Washington constituted error, the error was harmless because the display did not substantially sway the verdict.

Questions Presented

1. Whether the trial court erred by allowing the jury, during deliberations and over defense objection, to view Washington at close range and from multiple angles when he had not been displayed to the jury in that manner during trial.
2. Whether the jury's close-up view of Washington constituted new or extrinsic evidence requiring the trial court to reopen the case and permit additional evidence or argument.
3. Whether any error in permitting the jury view was harmless.

Disposition

affirmed