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State Courts -
District of Columbia - January 5 - January 11, 2006
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Marquez v. United States, No. 03-CM-1541,
DISTRICT OF COLUMBIA COURT OF APPEALS, January 11, 2006*, Decided * The decision in this case was originally issued as an unpublished Memorandum Opinion and Judgment. At the request of the appellee, it was later published. See Marquez v. United States, 893 A.2d 561 D.C. 2006 Thereafter, the appellant filed a motion "to rescind publication of the opinion, to revise it, or, in the alternative, to recall the mandate and petition for rehearing." In response, the United States suggested certain revisions, which were not opposed by the appellant and have been accepted by the panel. Those revisions are incorporated in this version of the opinion.
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Overview: Admission of an officer's testimony that defendant's girlfriend said that defendant told her that he was "going to kick her ass" did not violate the Confrontation Clause, as the admission of this testimony could not be found to affect substantial rights. The testimony constituted a minor part of the evidence against defendant.
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