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UNITED STATES v. NUNZIO

No. 81-84.

430 A.2d 1372 (1981)

UNITED STATES, Petitioner, v. Honorable Nicholas S. NUNZIO, Associate Judge, Superior Court of the District of Columbia, Respondent.

District of Columbia Court of Appeals.

Decided May 14, 1981.

Rehearing and Rehearing En Banc Denied June 30, 1981.

Attorney(s) appearing for the Case

William J. Birney, Asst. U. S. Atty., Washington, D.C., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry, John R. Fisher, and Paul L. Knight, Asst. U. S. Attys., Washington, D.C., were on the petition for a writ of mandamus.

Hon. Nicholas S. Nunzio, Associate Judge, Superior Court of the District of Columbia, Washington, D.C., pro se, was on the response to the petition. W. Gary Kohlman, Public Defender Service, Washington, D.C., argued for respondent. Silas J. Wasserstrom, Public Defender Service, Washington, D.C., also entered an appearance for respondent.

Charles F. Stow, Washington, D.C., appointed by the court, entered an appearance for defendant Hamid and adopted the response submitted on behalf of respondent.

Nathan Lewin and Seth P. Waxman, Washington, D.C., were on the amicus curiae brief on behalf of The Jewish Community Council of Greater Washington.

Before KELLY, HARRIS, and MACK, Associate Judges.

HARRIS, Associate Judge:

Abdul Hamid, also known as Hilvan Jude Finch, was convicted of conspiracy to commit kidnapping while armed, D.C. Code 1973, § 22-105a, assault with a dangerous weapon, id., § 22-502, and eight counts of kidnapping while armed, id., §§ 22-2101, —3202. The charges stemmed from his involvement with eleven other defendants in the takeover of three buildings on March 9, 1977, during which more than 130 persons...

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