Glass v. United States

KELLY, Associate Judge,

concurring:

Since we have no transcript of the proceedings of January 16, 1976, it is impossible to assess the reasons given, if any, for dismissing the first indictment without prejudice. We do not know whether speedy trial concerns were raised at that time. The result of this action is clear, however, i. e., to grant the unprepared government its continuance under the guise of a dismissal without prejudice, with the sure knowledge that the government could, and likely would, seek an immediate reindictment. This procedure was used by the trial judge in Branch v. United States, D.C.App., 372 A.2d 998 (1977). It is one which clearly concerned the second trial judge in this case and met with his strong disapproval. Nevertheless, lacking further information, I agree with the result reached in disposing of the speedy trial issue in this case.

I join in the opinion as to the other issues raised.