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BURGESS v. U.S.

No. 95-CM-1352.

680 A.2d 1033 (1996)

Richard BURGESS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 22, 1996.

Attorney(s) appearing for the Case

Stevin G. Polin for appellant.

Ann K.H. Simon, Assistant United States Attorney, Washington, DC, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Roy W. McLeese, III, and Chrisellen R. Kolb, Assistant United States Attorneys, were on the brief, for appellee.

Daniel M. Gribbon, Washington, DC, with whom Arthur B. Spitzer, John Vanderstar, Carol Elder Bruce, Jeffrey B. Coopersmith, Georgia Kazakis, and Ellen L. Chubin were on the brief, argued and filed a brief amicus curiae on behalf of the American Civil Liberties Union of the National Capital Area.

James Klein, Jamie S. Gardner, David Reiser, Washington, DC, and John M. Copacino, Takoma Park, MD, filed a brief amicus curiae on behalf of the Public Defender Service, The Georgetown University Law Center Criminal Justice Clinic, and the Appellate Clinic of the George Washington University National Law Center.

Before WAGNER, Chief Judge, and FERREN, TERRY, STEADMAN, SCHWELB, FARRELL, KING, RUIZ, and REID, Associate Judges.

PER CURIAM:

We granted initial hearing en banc in this case to consider whether a defendant prosecuted in a single proceeding for multiple petty offenses has a constitutional right to a jury trial where the aggregated prison term authorized for the offenses exceeds six months. After the case was argued, the United States Supreme Court granted certiorari in a case presenting the identical issue. We held this case pending the Court's resolution of the issue. In light...

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