Williams+ v. US, order dated 11/8/05 amending opinion filed 10/13/05

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District of Columbia Court of Appeals No. 97-CF-421 GREGORY V. WILLIAMS, Appellant, F10817-95 No. 97-CF-604 HERBERT SMALLS, JR., Appellant, F10818-95 v. UNITED STATES, Appellee. BEFORE: Terry and Ruiz, Associate Judges; Steadman, Senior Judge. ORDER (Filed November 8, 2005) It is ORDERED, sua sponte, that this court's opinion filed October 13, 2005, is hereby amended as follows: On page 25, delete the last sentence and cite to Harris v. United States, and replace with: As noted, in opposing the motion to sever, the government did not assert that delay would prejudice its ability to present material evidence. On page 27, footnote 19, add a new sentence at the end of the footnote: And if the police officers who testified in the joint trial were no longer available for Smalls's separate new trial, their sworn cross-examined testimony from the previous joint trial could be introduced by the government. See Harris v. United States, 614 A.2d 1277, 1284 (D.C. 1992) (citing, inter alia, Federal Rule of Evidence 804 (b)(1), overruled on other grounds by Carter, 684 A.2d at 334). PER CURIAM

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