In Hernandez v. U.S. decided on January 14, 2016, the DC Court of Appeals affirmed the assault charge but remanded for further review by the trial court on the issue of non-disclosure of the Jencks material and whether a new trial would be warranted. Factually, Hernandez was charged with domestic violence assault against his girlfriend. Although she had technically denied the assault, due to some language barriers and other significant independent evidence — the trial court’s findings were affirmed on that issue alone. Specifically, an independent witness had seen the defendant choke Ms. Argueta-Avila/the complainant and then saw her fall
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