Graham v. United States
12 A.3d 1159
| D.C. | 2011Background
- Graham was convicted of first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license in DC Superior Court.
- Key witnesses included Henriquez, Fowler, and McCray, with conflicting accounts of the shooting of Kamau Walker on December 12, 2001.
- McCray testified that Graham said he would “snuff” Walker and witnessed the shooting from behind Graham, though he did not confirm seeing a gun.
- Fowler testified that the shooter was Graham, which the defense impeached; Fowler’s police statement identifying Graham was admitted as a prior identification.
- The trial court admitted a flight instruction, and Graham challenged sufficiency of evidence, hearsay, flight instruction, and its wording; the appellate court affirmed.
- The record shows Graham fled the area after the shooting and wore different clothing, supporting a flight finding; credibility was for the jury to resolve.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence identifying shooter | Graham challenges identification by multiple witnesses | Contradictions undermine reliability | Evidence sufficient to identify Graham as shooter |
| Admission of Fowler's police-identification statement | Statement improperly bolsters unimpeached witness | Statement admissible as prior identification | Admission proper under prior identification exception |
| Flight instruction validity | Flight instruction improperly prejudicial given ambiguous evidence | Evidence supported flight; instruction proper | Flight instruction proper based on evidence of flight reflecting consciousness of guilt |
| Adequacy of flight instruction wording | Instruction language not aligned with 2008 revision | Cardinal commands satisfied; no plain error | No plain error; instruction adequately informed jury to weigh flight evidence after finding it |
Key Cases Cited
- Lancaster v. United States, 975 A.2d 168 (D.C.2009) (test for identification reliability when identification is at issue)
- Beatty v. United States, 544 A.2d 699 (D.C.1988) (standard for evaluating identification evidence)
- Freeman v. United States, 912 A.2d 1213 (D.C.2006) (credibility and witness testimony weighing by jury)
- Gibson v. United States, 792 A.2d 1059 (D.C.2002) (single-witness sufficiency principle)
- Hill v. United States, 541 A.2d 1285 (D.C.1988) (conviction sustained on eyewitness identification)
- Scott v. United States, 412 A.2d 364 (D.C.1980) (flight instruction must precede weighing of flight evidence)
- Comford v. United States, 947 A.2d 1181 (D.C.2008) (flight instruction ambiguity standard and weighing evidence)
- Brown v. United States (Larry Brown), 840 A.2d 82 (D.C.2004) (prior consistent statements; cross-examination requirement)
- Lewis v. United States, 996 A.2d 824 (D.C.2010) (prior statements of identification admissible for context and identification value)
- Taylor v. United States, 866 A.2d 817 (D.C.2005) (admitting prior statements of identification where declarant is cross-examined)
- Williams v. United States, 756 A.2d 380 (D.C.2000) (admissibility of identification statements in certain contexts)