McClary v. United States

Summary

The District of Columbia Court of Appeals affirmed Jamelle McClary's convictions for armed assault, firearm, and ammunition offenses, except that it ordered merger of the aggravated assault and assault with a dangerous weapon convictions and the three firearm-possession convictions. The court held that the restrictions on cross-examination of the victim did not violate the Confrontation Clause and that the jury instruction concerning juror conduct and deliberations was not erroneous. The case was remanded to vacate sentences for the merged offenses.

Holdings

1. The trial court did not violate McClary's Sixth Amendment right of confrontation or abuse its discretion by limiting cross-examination of Grady concerning his prior juvenile matters, probation, custody order, and recent arrest, because the defense was permitted to elicit meaningful evidence of Grady's potential motive to curry favor with the government.
2. The claim was not adequately preserved because defense counsel's supplemental memorandum, filed merely for the record and without oral argument after the court invited it, did not sufficiently present the issue for a ruling; the record therefore did not establish error.
3. The trial court did not err by giving the attitude-and-conduct-of-the-jury instruction because, viewed as a whole, it encouraged jurors to remain open-minded and reconsider their views when persuaded they were wrong rather than requiring them to abandon individual opinions to reach a verdict.
4. The convictions for aggravated assault while armed and assault with a dangerous weapon merge because assault with a dangerous weapon is a lesser-included offense of aggravated assault while armed.
5. The three convictions for possession of a firearm during the commission of a crime of violence merge into one conviction because possessory weapons offenses arising from a single violent act do not support multiple convictions.
6. The convictions for aggravated assault while armed and assault with intent to kill while armed do not merge.

Questions Presented

1. Whether limiting cross-examination of the victim concerning his juvenile cases, probationary status, custody order, recent arrest, and other dealings with the government violated the Sixth Amendment Confrontation Clause.
2. Whether the trial court's pre-deliberation attitude-and-conduct-of-the-jury instruction improperly coerced jurors or prioritized unanimity and judicial efficiency over individual juror judgment.
3. Whether the convictions for aggravated assault while armed and assault with a dangerous weapon merged.
4. Whether the three convictions for possession of a firearm during the commission of a crime of violence merged into one conviction.
5. Whether the convictions for aggravated assault while armed and assault with intent to kill while armed merged.

Disposition

affirmed