U.S. v. Stewart

Case Overview

Mr. Stewart is a D.C. resident arrested for sitting in his car smoking a joint (legal in D.C.) and then trying to flee, plus weapon possession. The federal grand jury declined to indict, but the U.S. Attorney's Office obtained an indictment from a D.C. Superior Court grand jury and tried to use it in federal court. Magistrate Judge Faruqui dismissed the case, sharply criticizing the office for bringing cases that do not belong in federal court, and Chief Judge Boasberg is now weighing the applicability of a 1970 statute (D.C. Code 11-1916(a)) that may or may not authorize this practice after jury pools were split in 1986.