Prodctor v. United States, No. 11425.

Docket NºNo. 11425.
Citation381 A.2d 249
Case DateDecember 14, 1977
CourtCourt of Appeals of Columbia District

Page 249

381 A.2d 249
Leon PROCTOR, a/k/a Tony Proctor, Appellant,
v.
UNITED STATES, Appellee.
No. 11425.
District of Columbia Court of Appeals.
Argued November 8, 1977.
Decided December 14, 1977.

Jonathan G. Axelrod, Bethesda, Md., appointed by this court, for appellant.

Ann P. Gailis, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry, William D. Pease and Bernard J. Panetta, II, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and MACK and FERREN, Associate Judges.

FERREN, Associate Judge:


This is an appeal from convictions for armed robbery (D.C. Code 1973, §§ 22-2901, -3202) and assault with intent to commit robbery (D.C. Code 1973, § 22-501). Appellant Proctor maintains that (1) the inclusion of two defective counts in the indictment charging him with obstruction of justice (D.C. Code 1973, § 22-703) deprived him of a fair trial, and that (2) his trial counsel was constitutionally ineffective. We disagree with both assignments of error and thus affirm.

I.

On October 8, 1975, the victims of the crimes, Kenneth Fleming and Kenneth Carter, while in an alley on their way to the supermarket, were surprised from behind by four individuals. One of the four, wielding a gun, took forty dollars and a radiotape recorder from Mr. Carter. Then, after the victims were told to continue up the alley, the four fled in the opposite direction.

Page 250

Both Fleming and Carter were acquaintances of the appellant, whom they positively identified as one of the four. Both victims also related, however, that appellant did not speak and took no active part in the robbery; he merely appeared with, stood with, and fled with the group.

Appellant conceded his presence at the robbery, but told a wholly different, exculpatory story of events. Briefly, he reported that Carter and Fleming approached him at Roosevelt High School and asked him where they could obtain some marijuana; that he mentioned three individuals as potential sources, including one "Pickles"; that after a brief departure, Carter and Fleming returned with the three individuals whom appellant had named; that the group apprised appellant of their intent to make a deal, and that appellant joined them and accompanied them into an alley; that one of the three "dealers" pulled a gun and robbed Carter; that fearing for the safety of his own person and property, and hoping to terminate the volatile situation, appellant urged the robber (who was behaving somewhat crazily) to "just take it and go"; that when the crime was completed the other three took flight, leaving Carter and Fleming behind; and that although he initially ran with the other three, appellant split from them at the end of the alley and fled for his own safety.

Appellant was arrested the next day, October 9, and held until October 17, when he was released on bond. Thereupon he and his girl friend (who testified that she had been able to purchase the stolen radio after inquiring on the street) contacted an intermediary to return the radio to its owner, Mr. Carter.

Fleming testified at trial that on or about October 14 appellant had approached him, made threatening remarks about Carter's report of the incident to the police, and asked that he relay a request to Carter to meet that evening with appellant and a detective at a gasoline station. At that time "the matter would be straightened out." When it appeared, later in the trial, that the appellant had been in custody on October 14, the government called Floyd Wade, who was with Fleming at the time of this alleged conversation with appellant. Mr. Wade "corrected" the date to October 9, the day after the robbery, a time prior to appellant's apprehension.

On December 8, 1975, the grand jury issued an eight-count indictment charging appellant Proctor with armed robbery, robbery, assault with intent to commit armed robbery, assault with intent to commit robbery, two counts of assault with a dangerous weapon, and two counts of obstruction of justice, as follows:

Between on or about October 14, 1975, and on or about October 15, 1975, within the District of Columbia, Leon A. Proctor, also known as Tony Proctor, corruptly endeavored by threats and force to influence, intimidate, and impede Kenneth Carter [and Kenneth Fleming] in the discharge of his duties as a witness in the case of United States v. Leon Proctor, Criminal Case Number 79888-75, then pending in the Superior Court of...

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18 practice notes
  • Watson v. U.S., No. 13796.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 10, 1987
    ...eschew ineffectiveness claims, leaving them for collateral attack when a more complete record can be made. See Proctor v. United States, 381 A.2d 249, 252 & n. 4 (D.C. 1977). It follows that, if an ineffectiveness claim on direct appeal does not necessarily preclude a collateral attack on t......
  • Godfrey v. United States, No. 80-1205.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • November 30, 1982
    ...Super.Ct.Cr.R. 33, so that the defendant can bring before the court evidence outside the trial record. Proctor v. United States, D.C.App., 381 A.2d 249, 252 (1977); see (Earl) Coleman v. United States, D.C.App., 379 A.2d 710, 713 (1977); Angarano, supra, 329 A.2d at 458; United States v. (B......
  • Shepard v. United States, No. 85-606.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 2, 1987
    ...direct appeal, a § 23-110 motion that adequately sets forth the grounds for the claim of ineffectiveness.2 See Proctor v. United States, 381 A.2d 249, 252 (D.C. 1977); Coleman v. United States, 379 A.2d 710, 713 (D.C. 1977); Angarano v. United States, 329 A.2d 453, 457-58 (D.C. 1974) (en ba......
  • Burgess v. US, No. 95-CF-1816
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 6, 2001
    ...have repeatedly been held to evince `consciousness of guilt' and thus constitute `admissions by conduct'" (Leon) Proctor v. United States, 381 A.2d 249, 251 (D.C. 1977) (citations omitted). Drew will not work to exclude evidence where the evidence is direct and substantial proof of the char......
  • Request a trial to view additional results
18 cases
  • Watson v. U.S., No. 13796.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 10, 1987
    ...eschew ineffectiveness claims, leaving them for collateral attack when a more complete record can be made. See Proctor v. United States, 381 A.2d 249, 252 & n. 4 (D.C. 1977). It follows that, if an ineffectiveness claim on direct appeal does not necessarily preclude a collateral attack on t......
  • Godfrey v. United States, No. 80-1205.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • November 30, 1982
    ...Super.Ct.Cr.R. 33, so that the defendant can bring before the court evidence outside the trial record. Proctor v. United States, D.C.App., 381 A.2d 249, 252 (1977); see (Earl) Coleman v. United States, D.C.App., 379 A.2d 710, 713 (1977); Angarano, supra, 329 A.2d at 458; United States v. (B......
  • Shepard v. United States, No. 85-606.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 2, 1987
    ...direct appeal, a § 23-110 motion that adequately sets forth the grounds for the claim of ineffectiveness.2 See Proctor v. United States, 381 A.2d 249, 252 (D.C. 1977); Coleman v. United States, 379 A.2d 710, 713 (D.C. 1977); Angarano v. United States, 329 A.2d 453, 457-58 (D.C. 1974) (en ba......
  • Burgess v. US, No. 95-CF-1816
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • December 6, 2001
    ...have repeatedly been held to evince `consciousness of guilt' and thus constitute `admissions by conduct'" (Leon) Proctor v. United States, 381 A.2d 249, 251 (D.C. 1977) (citations omitted). Drew will not work to exclude evidence where the evidence is direct and substantial proof of the char......
  • Request a trial to view additional results

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