UNITED STATES v. BACON

No. 80-407.

428 A.2d 852 (1981)

UNITED STATES, Petitioner, v. The Honorable Sylvia BACON, Associate Judge, Superior Court of the District of Columbia, Respondent.

District of Columbia Court of Appeals.

Decided March 17, 1981.


Attorney(s) appearing for the Case

Harold Damelin, Asst. U. S. Atty., Washington, D.C., with whom Charles F. C. Ruff, U.S. Atty., John A. Terry, Michael W. Farrell, Richard C. Otto, and Paul N. Murphy, Asst. U. S. Attys., Washington, D.C., were on the petition for writ of mandamus.

Barry F. Kowalski, Washington, D.C., for respondent Perkins.

W. Gary Kohlman, Public Defender Service, Washington, D.C., with whom Silas J. Wasserstrom, Public Defender Service, Washington, D.C., was on the response to the petition.

Before NEWMAN, Chief Judge, KELLY, Associate Judge, and GALLAGHER, Associate Judge, Retired.


PER CURIAM:

On March 18, 1980, Judge Sylvia Bacon entered orders which granted, in part, the defendants' preindictment request for discovery.** The government has petitioned this court for a writ of mandamus directing the trial judge to vacate her orders on the ground that she had no authority, inherent or under Super.Ct.Cr.R. 16, to direct the government to afford discovery to persons who have been detained but not indicted. On notice...

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