Alleyne v. United States
Docket: Nos. 80-625, 80-692
Court: District of Columbia Court of Appeals; January 16, 1983; District Of Columbia; State Supreme Court
The appeal arises from the denial of a motion for return of property following the government's decision to nolle prosequi the appellants' cases related to a narcotics charge. The appellants were arrested on April 10, 1980, with police seizing $997 from them. After the government's dismissal of the charges, the appellants filed a motion for return of property in the Superior Court, which was addressed by Judge Weisberg. He initially indicated a lack of jurisdiction and referred the appellants to a specific procedure under D.C. Code 1973. 4-151 et seq. Subsequent correspondence from the judge reaffirmed his stance and declined further discussion. The appellate court has treated this appeal as a petition for mandamus and has remanded the case to the trial court, instructing it to hold a hearing regarding the seized money. The court cited the precedent set in Wilson v. United States, which established that the Superior Court holds concurrent jurisdiction with the property clerk to hear motions for return of property when it is no longer relevant to criminal prosecutions. This jurisdiction exists regardless of whether a trial has occurred, as the court can conduct a hearing to gather necessary facts. The appellate court emphasized that the property clerk statute does not limit the Superior Court’s jurisdiction to entertain such motions. Therefore, the trial court is directed to hold a hearing on the disposition of the seized property.