UNITED STATES, Appellant,
v.
Alvin J. DIXON, Appellee.
Michael FOSTER, Appellant,
v.
UNITED STATES, Appellee.
District of Columbia Court of Appeals.https://leagle.com/images/logo.png
Argued En Banc January 10, 1990.
Decided October 31, 1991.
Attorney(s) appearing for the Case
John R. Fisher, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., David M. Zlotnick, Asst. U.S. Atty., and Deborah Watson, Atty., Dept. of Justice, Washington, D.C., were on the briefs, for the U.S., appellant in No. 88-1375 and appellee in No. 89-449. Michael V. Tomaselli, Asst. U.S. Atty., Washington, D.C., also entered an appearance for the U.S.
Rosemary Herbert, Public Defender Service, with whom James W. Klein and Elizabeth G. Taylor, Public Defender Service, Washington, D.C., were on the briefs, for appellee Dixon in No. 88-1375 and appellant Foster in No. 89-449.
Clifton S. Elgarten, with whom Susan M. Hoffman, M. Lisanne Crowley, Nancy J. Spencer, Laura A. Foggan, G. Diane Dodson, Aimee R. Berenson, Susan Deller Ross, and Naomi R. Cahn, Washington, D.C., were on the brief, for the Women's Legal Defense Fund, the Family Abuse Project, and The Family Place, Inc., amici curiae in No. 89-449.
Before ROGERS, Chief Judge, FERREN, TERRY, STEADMAN, and SCHWELB, Associate Judges, and NEWMAN and BELSON, Senior Judges.
District of Columbia Court of Appeals.
ON REHEARING EN BANC
TERRY, Associate Judge:
These consolidated appeals, which present the same issue, arise from trial court rulings on motions to dismiss indictments on the ground of double jeopardy. In one case the motion was granted; in the other it was denied. We hold that both motions should have been granted because both prosecutions were barred by the Double Jeopardy Clause of the Fifth Amendment. Accordingly...
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