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Argued September 17, 2001

On remand from this court in Carter v. United States, 684 A.2d 331 (D.C. 1996) (en banc), the trial court entered an Order denying appellant George Carter’s *fn2 motion for a new trial, and he now appeals. Appellant argues that he was entitled to a new trial because a defense witness, appellant’s brother Craig Carter, *fn3 was improperly allowed to invoke his Fifth Amendment privilege against self-incrimination and refused to testify at appellant’s original trial. Appellant contends that Carter waived his Fifth Amendment privilege when he disclosed that he was a chronic drug user during a presentence interview that predated appellant’s trial. Because we find that the trial court properly concluded that Carter had not waived his right to assert his Fifth Amendment privilege, we affirm.

Relying on the Supreme Court’s opinion in Minnesota v. Murphy, 465 U.S. 420 (1984), appellant argues that Carter’s disclosures during a presentence interview regarding his drug use effectively waived his Fifth Amendment right not to testify at appellant’s armed robbery trial. *fn4 The trial court disagreed with appellant’s argument, ruling that Carter had not waived his Fifth Amendment privilege, and thus could not be compelled to testify at a new trial. While we need not pass upon all aspects of the trial court’s waiver analysis, we do agree that Carter did not waive his right to assert his privilege at appellant’s trial, and that appellant’s motion for a new trial was properly denied.

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