U.S. v. SMITH

No. 95-CO-1523.

685 A.2d 380 (1996)

UNITED STATES, Appellant, v. Loretta SMITH, Appellee.

District of Columbia Court of Appeals.

Decided October 31, 1996.


Attorney(s) appearing for the Case

Michael N. Levy, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Roy W. McLeese III, and Eric L. Yaffe, Assistant United States Attorneys, were on the brief, for appellant.

Robert L. Wilkins, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellee.

Before WAGNER, Chief Judge, and SCHWELB, Associate Judge, and PRYOR, Senior Judge.


PRYOR, Senior Judge:

This appeal presents the issue of the constitutionality of the District of Columbia stalking statute. A grand jury indicted appellee Loretta Smith on various charges, including two counts of misdemeanor stalking in violation of D.C.Code § 22-504(b) (1996 Supp.). The trial court dismissed the stalking counts nearly in their entirety based on its interpretation of the statute and its finding that part of the statute was unconstitutional. The...

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