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WISE v. MURPHY

Nos. 4480 Original, 5456.

275 A.2d 205 (1971)

Clarence WISE, Jr., Petitioner, v. The Honorable Tim MURPHY and The Honorable Alfred Burka, Respondents. John DOE, Petitioner, v. The Honorable Tim MURPHY, Respondent.

District of Columbia Court of Appeals.

Decided March 16, 1971.

Attorney(s) appearing for the Case

Norman Lefstein, Washington, D. C., with whom Matthew Zwerling, Washington, D. C., was on the petitions, for petitioners.

Earl J. Silbert, Atty., Dept. of Justice at the time of argument, with whom Thomas A. Flannery, U. S. Atty., John A. Terry and John O'B. Clarke, Jr., Asst. U. S. Attys., and Frederick D. Hess and Carl S. Rauh, Attys., Dept. of Justice, were on the opposition to petitioners' memorandum of law, for respondents.

Warren R. King, Asst. U. S. Atty., also filed an appearance for respondent in No. 5456.

Before HOOD, Chief Judge, and KELLY, FICKLING, KERN, GALLAGHER and NEBEKER, Associate Judges, sitting

NEBEKER, Associate Judge:

These consolidated cases are before the court on petitions for extraordinary relief in the nature of prohibition. Because of the importance of the constitutional issue presented, we, sua sponte, ordered en banc consideration.1 That constitutional question is whether, absent facts warranting formal arrest for rape, a person identified from photographs as the possible perpetrator may be required by court...

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