District of Columbia, February, 2003, State Case law

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State Courts - District of Columbia - February 12 - March 13, 2003

In re B.L., No. 01-FS-973, DISTRICT OF COLUMBIA COURT OF APPEALS, February 12, 2003, Decided ** The decision in this case was originally released as a Memorandum Opinion and Judgment on February 12, 2003. It is now being published by direction of the court.
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Overview: Where a mother was under the influence of alcohol on several occasions, the evidence was sufficient without expert testimony to determine that the mother's alcohol abuse rendered her unable to discharge her parental responsibilities.

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Avery v. HPCS, Inc., No. 00-CV-1315, DISTRICT OF COLUMBIA COURT OF APPEALS, March 13, 2003, Decided
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Overview: A trial court properly granted summary judgment in favor of a creditor in a debtor's second complaint that alleged virtually the same causes of action from the original complaint, which had been fully litigated, and stemming from the same dispute.

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Brown v. United States, No. 02-CM-531, DISTRICT OF COLUMBIA COURT OF APPEALS, March 13, 2003, Decided
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Overview: Dismissal of juror for just cause, after jury deliberations began in criminal trial, was not erroneous, where evidence did not disclose any reasonable probability that impetus for juror's dismissal stemmed from his view of evidence.

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Burton v. United States, No. 99-CF-500, DISTRICT OF COLUMBIA COURT OF APPEALS, March 13, 2003, Decided
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Overview: Where a jury was instructed on defendant's specific intent to disfigure as an element of malicious disfigurement, the instruction was proper; defendant did not object to the instruction at trial, and did not show plain error.

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Joyner v. United States, Nos. 97-CF-771, 97-CO-1621, & 99-CO-1661, DISTRICT OF COLUMBIA COURT OF APPEALS, March 13, 2003, Filed
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Joyner v. United States, Nos. 97-CF-771, 97-CO-1621 & 99-CO-1661, DISTRICT OF COLUMBIA COURT OF APPEALS, March 13, 2003, Decided
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Overview: Appellant's convictions were affirmed despite improper impeachment of a defense witness for bias. Error was harmless as there was ample evidence appellant shot victim. He was not entitled to a hearing on the ineffective assistance of counsel claim.

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Powell v. D.C. Hous. Auth., No. 96-AA-1347, DISTRICT OF COLUMBIA COURT OF APPEALS, March 13, 2003, Decided
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Overview: Tenant could not be made permanently ineligible for tenant assistance payments on grounds of fraud where the housing authority's decision did not include findings showing that the tenant's underreporting satisfied the elements of common law fraud.

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Udebiuwa v. D.C. Bd. of Med., No. 01-AA-1134, DISTRICT OF COLUMBIA COURT OF APPEALS, March 13, 2003, Decided
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Overview: The District of Columbia Board of Medicine did not err in disciplining a psychiatrist where his misconduct was established through offensive non-mutual collateral estoppel after a malpractice judgment was reached but not vacated after a settlement.

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