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GAUSE v. U.S.

Nos. 06-CF-20, 06-CF-47.

6 A.3d 1247 (2010)

Larry A. GAUSE and Karlepa Wilkey, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 4, 2010.

Attorney(s) appearing for the Case

Mikel-Meredith Weidman , Public Defender Service, with whom James Klein , Public Defender Service, was on the brief, for appellant Larry A. Gause.

Peter H. Meyers , appointed by the court, for appellant Karlepa Wilkey.

Mary B. McCord , Assistant United States Attorney, with whom Channing D. Phillips , Acting United States Attorney at the time the brief was filed, and Roy W. McLeese III , Assistant United States Attorney, were on the brief, for appellee.

Peter J. Nickles , Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, Rosalyn Carlbert Groce and Donna M. Murasky , Deputy Solicitors General, were on the brief for the District of Columbia as amicus curiae.

Before WASHINGTON, Chief Judge, and RUIZ, REID, GLICKMAN, KRAMER, BLACKBURNE-RIGSBY, THOMPSON, and OBERLY, Associate Judges, and SCHWELB, Senior Judge.

BLACKBURNE-RIGSBY, Associate Judge:

In this case, we convened en banc to consider whether the District of Columbia Jury System Act ("DCJSA"),1 which includes a statutory right to inspect court records used in connection with the jury selection process, requires a predicate showing that the requested materials will ultimately yield evidence of a "substantial failure to comply with" the DCJSA. We decline to impose a threshold showing requirement...

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