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High v. United States

972 A.2d 829 (2009)

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High v. United States

District of Columbia Court of Appeals
972 A.2d 829 (2009)

  • Written by Robert Cane, JD

Facts

Melvin High (defendant), Lamar Gaither, and Odell Smallwood were friends. One day, High, Gaither, and Smallwood went to visit High’s stepsister, Angela Nevins. Nevins was 29 years old. Nevins and High were not very close, and they had not had much contact with one another since Nevins had turned 13 years old. During the visit, Nevins and Gaither went upstairs for about 20 minutes. When Nevins and Gaither returned, High was upset. High saw Nevins give Gaither a kiss on the cheek. The three men left. High yelled at Gaither about having sex with Nevins. Smallwood drove them to High’s house. Gaither and High both exited the car. High went into his house and returned. Then, witnesses observed High and Gaither arguing loudly on the sidewalk. Eventually, High shot Gaither multiple times. Subsequently, High was arrested and charged with second-degree murder. At trial, the court instructed the jury on second-degree murder and voluntary manslaughter. High objected to the instruction on voluntary manslaughter. The jury convicted High of voluntary manslaughter. High appealed, arguing that there was insufficient evidence of adequate provocation to support an instruction on voluntary manslaughter.

Rule of Law

Issue

Holding and Reasoning (Washington, C.J.)

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