Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Williams v. United States

Court of Appeals of Columbia District

September 12, 2013

Johnny B. WILLIAMS, Appellant,
v.
UNITED STATES, Appellee.

Argued May 9, 2013.

Page 218

[Copyrighted Material Omitted]

Page 219

Kyle A. McGonigal, Washington, DC, for appellant.

Anne Y. Park, Assistant United States Attorney, with whom Ronald C. Machen Jr., United States Attorney, and Elizabeth Trosman, Elizabeth H. Danello, Jodi Steiger Lazarus, and Mary Anne Snow, Assistant United States Attorneys, were on the brief, for appellee.

Before THOMPSON and OBERLY, Associate Judges, and JOSEY-HERRING, Associate Judge, Superior Court of the District of Columbia [*]

JOSEY-HERRING, Associate Judge, Superior Court of the District of Columbia:

On January 10, 2011, a jury found appellant Johnny B. Williams guilty of unlawful possession of a firearm,[1] possession of an unregistered firearm,[2] and unlawful possession of ammunition.[3] Mr. Williams argues on appeal that: (1) the trial court committed plain error by admitting evidence that he had previously been convicted of a felony; and (2) the trial court erred in denying his motion to vacate his conviction and dismiss the indictment based on admittedly false testimony presented to the grand jury. For the reasons set forth below, we affirm the judgment of the trial court.

I.

On January 12, 2010, members of the Narcotics and Special Investigations Division of the Metropolitan Police Department executed a search warrant of a one-bedroom apartment in southeast D.C. where Mr. Williams lived with his wife. The search warrant for the Williams' apartment was based on their alleged involvement in several burglaries in the state of Virginia, in which laptop computers, jewelry, and video game systems were stolen. The warrant excluded searches for firearms.[4] When the officers arrived on the scene and began to execute the search warrant, no one was home.

When Officer Robert Elliott searched the bedroom, he observed a shotgun case in the far corner of the bedroom closet. Officer Elliott testified at trial that although the shotgun case was partially zipped up, he could see the butt of a shotgun sticking out of the top. He recovered a Remington model 1100 .12-gauge shotgun from the case. Other materials were recovered from the apartment, including: (1) a small brown box [5] containing nineteen .12-gauge shotgun shells from the bottom drawer of a dresser; (2) mail with Mr. Williams' name and address from

Page 220

a nightstand; (3) mail with Mr. and Mrs. Williams' names and their address from a television stand; and (4) a black binder containing appellant's birth certificate and social security number found next to the sofa. The shotgun was later processed for latent fingerprints, but none were recovered; neither the shotgun shells nor the box in which they were found was processed for latent fingerprints.

After Officer Elliott discovered the shotgun and shotgun shells, Ms. Williams returned home and was arrested on an outstanding warrant; she was detained in the hallway outside the apartment. Shortly thereafter, Officer Jordan Katz arrested Mr. Williams on an outstanding warrant when he arrived at the apartment. When Mr. Williams asked Officer Katz what he was being charged with, Officer Katz told him that he was being arrested on a gun charge. Mr. Williams responded that shotguns were not illegal in the District of Columbia and that he ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.