Gause v. United States
2010 D.C. App. LEXIS 613
| D.C. | 2010Background
- Gause and Wilkey were convicted in 2005 of armed robbery and related weapons offenses.
- Appellants sought discovery under the DCJSA regarding jury selection records.
- Trial court denied the discovery motion for failure to show a threshold of necessity.
- En Banc Court previously adopted a “reasonable belief” standard in Gause I.
- En Banc Court reverses, holding no threshold showing is required for DCJSA discovery.
- Case remanded for further proceedings to determine proper scope and timing of discovery and potential new trial if a substantial failure is found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCJSA requires a threshold showing for access to records | Gause/Wilkey argue a prima facie or similar threshold is needed | U.S. argues no threshold; inspection is allowed for preparation of motion | No threshold showing required; remand for scope of discovery |
Key Cases Cited
- Test v. United States, 420 U.S. 28 (U.S. 1975) (unqualified right to inspection under FJSSA; purpose to aid preparation of motions challenging jury procedures)
- People v. Jackson, 920 P.2d 1254 (Cal. 1996) (California Supreme Court adopts reasonable belief standard for threshold showing)
- United States v. Davenport, 824 F.2d 1511 (7th Cir. 1987) (unqualified right to jury list discovery under federal rule, with limitations)