Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued November 10, 1999

Isaac Burgess and James Waddell were indicted for first degree premeditated murder while armed, see D.C. Code �� 22-2401, -3202 (1996 Repl.), assault with intent to kill (AWIK) while armed, see D.C. Code �� 22-501, -3202 (1996 Repl.), possession of a firearm during a crime of violence (PFCV), see D.C. Code � 22-3204 (b) (1996 Repl.), and carrying a pistol without a license (CPWL), see D.C. Code � 22-3204 (a) (1996 Repl.). Albert Quiovers was also named a defendant; he entered a plea to a lesser-included conspiracy charge and testified for the government at appellants’ trial. A jury acquitted both appellants of first degree murder and AWIK, but convicted them of the lesser included offenses of second degree murder while armed, assault with a dangerous weapon (ADW), and the weapons offenses. Appellants were sentenced to fifteen years to life for second degree murder while armed, forty to hundred-twenty months for ADW, five to fifteen years for PFCV, and one year for CPWL, to run consecutively.

On appeal, Burgess claims that the court plainly erred when it permitted evidence of an uncharged crime, i.e, that he and a group of friends had initially agreed to mislead the police about their involvement in the murder, and when it failed to intervene sua sponte in the prosecutor’s closing argument. He also claims the trial court abused its discretion in admitting a hearsay statement made by Quiovers presented during the testimony of Eric Cloyd, another government witness. Waddell appeals the trial court’s denial of his collateral challenge that he was denied the effective assistance of counsel, which is based on Burgess’ claims on direct appeal. We see no merit to Burgess’s claims (and, thus, to Waddell’s collateral challenge).

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.

Learn More

GlobeSt. ELITE Women of Influence 2022 (WOI)

July 25, 2022 - July 27, 2022
Park City, UT

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More

African Legal Awards (AFLA) 2022

September 02, 2022

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Litigation Associate

A highly regarded Orlando litigation boutique is seeking a business litigation associate with a minimum of two years of experience. The cand...

Apply Now ›

Associate Attorney- Connecticut

Busy personal injury law firm representing plaintiffs seeks associate with 1 to 6 years experience. After appropriate training, the candidat...

Apply Now ›


Miami Law Firm seeks Legal Secretary with experience in Plaintiff s Personal Injury. Bilingual. 10800 Biscayne Blvd. Please call: 561-866-8...

Apply Now ›



MAGGIANO, DIGIROLAMO & LIZZI, P.C., wiith a heavy heart, acknowledge the passing of Anthony J. Sciuto, JSC (Retired), and of counsel to the law firm.

View Announcement ›



Raynes & Lawn is proud to congratulate Harold I. Goodman on the prestigious honor of Lifetime

View Announcement ›



IN MEMORIUM: With a profound sense of sadness, McCormick & Priore announces that Harry A Short, Jr., a preeminent products liability defense lawyer in Philadelphia with a career that spanned over sixty-five (65) years, passed away on June 14, 2022.

View Announcement ›