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FEDEROV v. U.S.

Nos. 88-240, 88-242 and 88-531.

580 A.2d 600 (1990)

Veronica FEDEROV, Appellant, v. UNITED STATES, Appellee. Stephanie G. DONNE, Appellant, v. UNITED STATES, Appellee. Dana MELLECKER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 6, 1990.

Attorney(s) appearing for the Case

Grace M. Lopes, Washington, D.C., appointed by this court, for appellants.

R. Craig Lawrence, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, were on the brief, for appellee.

David M. Becker, with whom Andrew D. Roth, Arthur B. Spitzer, and Elizabeth Symonds, Washington, D.C., were on the brief, for amicus curiae, the American Civil Liberties Union Fund of the Nat. Capital Area.

Before ROGERS, Chief Judge, and FERREN and SCHWELB, Associate Judges.

PER CURIAM:

This case presents the question whether appellants, who demonstrated in support of more humane treatment of homeless persons by unlawfully refusing to leave a Metro station when ordered to do so, have proffered sufficient evidence to entitle them to discovery and to an evidentiary hearing on their claim of unconstitutional selective prosecution. They claimed they were deemed ineligible for diversion from prosecution as first offenders solely because they...

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