Glickman , Associate Judge : Andrew Weems appeals his convictions after a bench trial of shoplifting and attempted threats to do bodily harm. He contends the trial judge erred by (1) not sanctioning the government for its failure to preserve and produce discoverable evidence; and (2) permitting the government to amend the information before trial to reduce the threats charges against him and thereby eliminate his statutory entitlement to a trial by jury. We reject appellant's claims of...
Ruiz , Senior Judge : Jean-Baptiste Bado appeals his conviction for misdemeanor sexual abuse of a minor, after a bench trial, on the ground that he was denied the right to a jury trial guaranteed by the Sixth Amendment. The court, sitting en banc, is asked to decide whether the Sixth Amendment guarantees a right to a jury trial to an accused who faces the penalty of removal/deportation 1 as a result of a criminal conviction for an offense that is punishable by incarceration for up to 180...
Beckwith , Associate Judge : St. Thomas' Episcopal Parish, a church in Dupont Circle, sought an area variance in order to build a combination church and residential building, and the Board of Zoning Adjustment granted that variance. Two neighborhood associations — collectively, the petitioners here — challenge the Board's order, arguing that the Parish has not met the requirements for an area variance. We vacate the Board's order and remand for further proceedings. I. On September 1,...
