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11/30/67 District of Columbia, v. Marion S. Barry

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


November 30, 1967

DISTRICT OF COLUMBIA, APPELLANT

v.

MARION S. BARRY, JR., APPELLEE. DISTRICT OF COLUMBIA, APPELLANT,

v.

LESTER J. MCKINNIE, APPELLEE. DISTRICT OF COLUMBIA, APPELLANT, V. DONALD E. BROWN, APPELLEE. DISTRICT OF COLUMBIA, APPELLANT, V. WESLEY C. BRYANT, APPELLEE 1967.CDC.230

McGowan, Tamm and Robinson, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

APPELLATE PANEL:

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE TAMM

Appellees were charged with disorderly conduct, and before the trial they moved to dismiss the charges on several grounds. *fn1 The Court of General Sessions granted the motion on the ground, inter alia, that the United States Attorney rather than the Corporation Counsel had sole jurisdiction to prosecute the case. Subsequently, however, the dismissal was vacated "with respect to the jurisdictional [ground] . . . only," *fn2 and the question of prosecutorial authority was certified to this court. *fn3 Thus, while there was more than one ground for granting the dismissal, *fn4 vacation of the dismissal was as to one ground only. As a consequence, the dismissal is still in effect on independent grounds and has operated to terminate the charges against these appellees.

The Constitution limits the exercise of federal judicial power to cases and controversies. Accordingly, it is a frequently stated proposition that "a federal court is without power to decide moot questions or to give advisory opinions which cannot affect the rights of the litigants before it. United States v. Alaska S.S. Co., 253 U.S. 113, 115-116

Dismissed.

CASE RESOLUTION

Dismissed.


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