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Hines v. United States

January 19, 2006

TERRANCE M. HINES, APPELLANT
v.
UNITED STATES, APPELLEE



Appeals from the Superior Court of the District of Columbia (F-7733-00, F-5198-00) Hon. Maurice A. Ross, Trial Judge.

The opinion of the court was delivered by: Terry, Associate Judge

Submitted December 3, 2004

Before TERRY, Associate Judge, and BELSON and NEBEKER, Senior Judges.

Appellant was charged with one count of assault with a dangerous weapon after assaulting and seriously injuring his former roommate. Appellant failed to appear in court on July 31, 2000, for a preliminary hearing, and shortly thereafter he was arrested and charged with one count of violating the District of Columbia Bail Reform Act ("BRA"), D.C. Code § 23-1327 (a) (2001). The court then ordered him to be placed in a halfway house. On October 3, 2000, he left the halfway house and failed to return as required. This failure led to a new charge of escape, in violation of D.C. Code § 22-2601 (a)(1) (2001). All three cases were consolidated for trial. A jury later found him guilty of both escape and the BRA violation.*fn1 From those convictions he filed timely notices of appeal.*fn2

I.

At trial the parties stipulated to the facts establishing the basis for the escape charge, as follows:

On September 20, 2000, Mr. Hines received a work release order indicating that he was to go to a halfway house. The work order allowed him to leave the halfway house for VA medical treatment. On September 26, 2000, Mr. Hines signed the rules and regulations for the halfway house, which stated that he would not escape or abscond, or assist others in doing so.

On October 3, 2000, Mr. Hines signed out of the halfway house at 7:00 a.m. to go to court. The rules stated that he had to return by 6:00 p.m. that evening. When he did not return at the appointed time, the halfway house staff wrote "abscondence" on the sign-out sheet.

An affidavit in support of Mr. Hines's arrest for escape and failure to return to the halfway house was obtained by the staff the following day.*fn3

In addition to the stipulation, the government introduced a number of documents into evidence concerning appellant's placement in the halfway house. These included the work release order; the rules and regulations of the halfway house, which appellant signed; the sign-in/sign-out sheet for October 3, 2000; and the affidavit in support of appellant's arrest warrant.

According to the affidavit, appellant was conditionally released by a judicial officer of the Superior Court on September 20, 2000. The release order required him to return to custody each day after work, schooling, or other limited activities. Appellant was placed in CCC No. 4, a halfway house,*fn4 on September 26 to fulfill the terms of the release order. On October 3 appellant signed out of the halfway house at 7:00 a.m. to attend court. His scheduled return time was 6:30 p.m.*fn5 The affidavit further stated that appellant "did not return as scheduled and was placed in escape status on October 3, 2000," and that attempts to locate him "proved negative." As of the date of the affidavit (October 3), appellant's whereabouts were unknown.

Appellant did not testify or present any evidence.

II.

Appellant argues that the government's evidence was "legally insufficient to support a verdict of guilty beyond a reasonable doubt on the charge of escape" because the government failed to establish that he possessed the requisite ...


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