Opinion

District of Columbia v. Hudson

  • 404 A.2d 175
  • 5 Media L. Rep. (BNA) 1645
  • 1979 D.C. App. LEXIS 424
Court
District of Columbia Court of Appeals
Filed
Jul 19, 1979
Status
Published
Author
Gallagher
On the bench
Newman, Kelly, Kern, Gallagher, Nebeker, Harris, MacK, Ferren, Reilly, Yeagley
Cited by
35 cases

comparing varying reasons given by the government for decision not to prosecute different arrestees, some of which were indicative of innocence

How later courts described this case

  • comparing varying reasons given by the government for decision not to prosecute different arrestees, some of which were indicative of innocence
  • requiring “an official, and hence authoritative, explanation of the erroneous basis for the arrest”
  • arrestee must show by clear and convincing evidence that “no crime had in fact been committed [by him] at the time of his arrest”
  • including fingerprints and photographs as “record[s]”

Written by the judges who cited it.

The opinion

GALLAGHER, Associate Judge,

concurring:

I agree that an equitable relief should be fashioned for the petitioners in Hudson, Matthews and Mack. I reserve my opinion on Naughton until such time as there may be a record here on review after further proceedings. As to the first three appel-lees, Hudson, Matthews and Mack, I agree that we should undertake to “make them whole.” 1 The equitable remedy being invoked by the court may well be a suitable method to accomplish that purpose. I will await the result of the further proceedings, however, before I reach a final conclusion. I am assuming that in the process a searching review will be made by counsel of the experience gathered by the many states which utilize this and similar remedies. 2

. If I read the majority opinion correctly, appel-lee Jones has been written out of the case as not being entitled to relief.

. See, e. g., United States v. Hudson, D.C.Super.Ct. (Cr. No. 49590-74, Feb. 19, 1975, Memorandum Opinion at 24 n. 33), 103 Wash.D.L.Rptr. 377 (Feb. 28, 1975). In that footnote, reference is made to a summary of pertinent state laws prepared by the Library of Congress Congressional Research Service. That summary is readily available.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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