Bryan v. United States

The United States and Cleveland Bryan jointly ask us to vacate our recent opinion affirming a pretrial detention order in Bryan v. United States (Bryan I), 831 A.2d 383 (D.C.2003), and to dismiss Bryan’s appeal. As the parties say, theirs is an unusual request, but we have decided to grant it. I write separately to explain why I think vacatur at the parties’ behest is appropriate here.

Bryan was charged with assault with intent to murder while armed. In ordering Bryan detained without bond until his trial, the motions judge applied a statutory presumption of dangerousness that arises if the…