District of Columbia v. Mark Grimes

SPOTTSWOOD W. ROBINSON, III, Circuit Judge

(concurring):

Judge McGowan sets forth persuasively the historical facts translatable into an appeal for maintenance of the prosecutorial status quo in Section 22-1107 disorderly conduct cases. For me, however, the considerations delineated in Judge Tamm’s opinion, in which I concur, provide the edge in the resolution of the close question which was certified to us. The District cannot, in my view, assume the litigatory helm in such cases without colliding head-on with our holdings in Strothers1 *and Moody,2 which I am unable to comfortably…