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IN MATTER OF KELLEY

No. 79-1045.

433 A.2d 704 (1981)

In the Matter of Herbert G. KELLEY, Appellant.

District of Columbia Court of Appeals.

Decided May 13, 1981.

Attorney(s) appearing for the Case

W. Gary Kuhlman and Mady Gilson, Public Defender Service, with whom Andrew L. Lipps, Public Defender Service, Washington, D. C., was on the brief, for appellant. Silas J. Wasserstrom, Public Defender Service, Washington, D. C., also entered an appearance for appellant.

Charles F. C. Ruff, U. S. Atty., Washington, D. C., with whom Carl S. Rauh, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry and Elliot R. Warren, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and KELLY, KERN, NEBEKER, HARRIS, MACK, FERREN, and PRYOR, Associate Judges, and GALLAGHER, Associate Judge, Retired.

GALLAGHER, Associate Judge, Retired:

This case was heard before the court en banc and in accordance with custom the opinion of the hearing division (No. 79-1045, Feb. 8, 1980) was vacated.

On August 1, 1979, a Superior Court grand jury heard testimony concerning an alleged arson which had occurred on July 9. Appellant was subpoenaed to appear before the grand jury on August 22. While there, he was served with a directive to appear in

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