Gay v. United States
12 A.3d 643
| D.C. | 2011Background
- Gay was convicted of a single count of simple assault in a bench trial in the DC Court of Appeals, arising from an altercation with Johnson on December 1, 2007.
- The trial court credited Johnson's account and rejected Gay's self-defense claim.
- The court excluded an unnamed witness and Antonio Sparks, and denied a court-appointed psychiatric expert.
- Gay challenging the exclusion of the unnamed witness, the blanket Fifth Amendment privilege for Sparks, and the psychiatric expert denial.
- The trial court held Gay’s conduct could not be self-defense as a matter of law, but the appellate court reversed on the exclusion of the unnamed witness and remanded for a new trial.
- The judgment was reversed and remanded for a new trial, with the other two issues left unresolved for potential ruling on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the unnamed witness’ testimony was validly excluded | Gay | Johnson | Reversible error; exclusion not harmless |
| Whether the court erred by granting a blanket Fifth Amendment privilege to Sparks | Gay | Johnson | Not reached/undetermined on the record; remand potential |
| Whether the court erred by denying a court-appointed psychiatric expert | Gay | Johnson | Not reached/undetermined on the record; remand potential |
Key Cases Cited
- Markus Johnson v. United States, 960 A.2d 281 (D.C. 2008) (evidence exclusion review and harmless-error standard)
- Woodard v. United States, 1 A.3d 371 (D.C. 2010) (harmlessness and error in evidentiary rulings)
- Fersner v. United States, 482 A.2d 387 (D.C. 1984) (de novo review of ultimate self-defense question; fact-finding deferential)
- Bowser v. Bowser, 515 A.2d 1128 (D.C. 1986) (remand for unclear findings of fact; need for integrated judgment)
- In re D.T., 977 A.2d 346 (D.C. 2009) (teeth as potentially lethal weapon; illustrative jurisprudence)