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UNITED STATES v. NICKS

Nos. 79-655, 79-697.

427 A.2d 444 (1981)

UNITED STATES, Appellant, v. Albert L. NICKS, a/k/a Albert L. Tales, Appellee.

District of Columbia Court of Appeals.

Decided March 3, 1981.

Attorney(s) appearing for the Case

J. Ramsey Johnson, Asst. 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, Michael W. Farrell, and Richard C. Otto, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellant.

William J. Mertens, Public Defender Service, Washington, D.C., with whom Silas J. Wasserstrom, Public Defender Service, Washington, D.C., was on the brief, for appellee.

Before KERN and MACK, Associate Judges, and GALLAGHER, Associate Judge, Retired.

GALLAGHER, Associate Judge:

In these consolidated appeals, the government challenges the trial court's decision to suppress evidence pursuant to Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979), a Supreme Court decision rendered after the defendant's arrest and before trial. It also argues that the trial court erred in dismissing the indictment pending an interlocutory appeal on the suppression ruling. D...

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