Lester v. United States
25 A.3d 867
D.C.2011Background
- Jeremiah Lester was convicted of armed first-degree premeditated murder, armed first-degree felony murder, attempted armed robbery, three counts of PFCV, and CPWL for the 2002 murder of Eric Murray.
- The trial admitted a Certificate of No Record (CNR) showing Lester had no DC pistol license; the clerk who signed the CNR did not testify.
- Detective Voysest testified he provided the information and observed the clerk perform the search, producing the CNR.
- Lester challenged Crawford-based confrontation claims, arguing he should cross-examine the actual searcher.
- Lester argued juror Number 13 slept during defense closing; the court deferred replacement after a hearing remand.
- The government conceded that murder and PFCV convictions tied to the murder merge; the court later vacated felony murder and the associated PFCV while affirming other convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause—CNR admission viability | Lester; clerk must testify | United States; CNR is admissible as a business record | No violation; joint search supported admission |
| Juror sleep—dismissing a juror during closing | Lester; juror slept warranting replacement | United States; no misconduct | Juror did not sleep; no abuse of discretion to keep juror |
| Merge of murder and related convictions | Lester; multiple murder convictions may not merge with others | United States; merge appropriate to sentencing plan | Felony murder and related PFCV vacated; premeditated murder and attempted armed robbery upheld |
Key Cases Cited
- Tabaka v. District of Columbia, 976 A.2d 173 (D.C.2009) (confrontation concerns re: clerk's search certificate; need witness testimony)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (U.S. 2011) (surrogate testimony cannot substitute for certifying analyst's testimony)
- Lane v. United States, 737 A.2d 541 (D.C.1999) (vacate felony murder to reflect sentencing plan)
- Baker v. United States, 867 A.2d 988 (D.C.2005) (vacate felony murder to preserve underlying convictions)
- Green v. United States, 718 A.2d 1042 (D.C.1998) (double jeopardy; murder convictions merge)