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STALEY v. HANNON

No. 79-46.

402 A.2d 814 (1979)

Michael STALEY, Petitioner, v. The Honorable Joseph M. HANNON, Associate Judge, Superior Court of the District of Columbia, Respondent.

District of Columbia Court of Appeals.

Decided June 4, 1979.

Attorney(s) appearing for the Case

Andrew L. Lipps, Public Defender Service, Washington, D. C., for petitioner.

Norman M. Monhait, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Harry R. Benner, Asst. U. S. Attys., Washington, D. C., were on the opposition to petition for writ of mandamus, for respondent.

Before NEWMAN, Chief Judge, and KERN and NEBEKER, Associate Judges.

PER CURIAM:

Petitioner seeks a writ of mandamus directing respondent either to reopen petitioner's preliminary hearing or, to dismiss the felony complaint charging him with arson. Petitioner contends that respondent abridged his right to cross-examine witnesses, a right protected both by Fifth Amendment due process and by Super.Ct.Cr.R. 5(d)(1). Respondent declined to permit cross-examination as to the reliability of an informant whose information given to the police...

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