Wise v. Murphy

NEBEKER, Associate Judge:

These consolidated cases are before the court on petitions for extraordinary relief in the nature of prohibition. Because of the importance of the constitutional issue presented, we, sua sponte, ordered en banc consideration.1 That constitutional question is whether, absent facts warranting formal arrest for rape, a person identified from photographs as the possible perpetrator may be required by court order and under other constitutional safeguards2 to stand in a lineup to be viewed by the victim.

In both cases, the District of Columbia Court of General Sessions…