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   State Courts - District of Columbia - January 8 - January 20, 2004

  
Brown v. United States, Nos. 99-CF-1544, 99-CF-1545, and 99-CF-1546, DISTRICT OF COLUMBIA COURT OF APPEALS, January 8, 2004, Decided
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Overview: Trial court properly limited cross-examination of victim about prior sexual activity where defense counsel failed to proffer any information evidence was credible, nor did counsel explain how alleged activity would have undercut medical testimony.

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In re Schlemmer, No. 02-BG-1450, DISTRICT OF COLUMBIA COURT OF APPEALS, January 8, 2004, Decided
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Overview: Appellate court remanded District of Columbia Board on Professional Responsibility's report recommending that attorney who failed to file an appeal be publicly censured because censure was inconsistent with sanctions imposed in comparable cases.

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Chidel v. Hubbard, Nos. 02-CV-1390 & 02-CV-1405, DISTRICT OF COLUMBIA COURT OF APPEALS, January 15, 2004, Decided
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Overview: Substantial compliance with statute requiring notice be given to District of Columbia was insufficient; doctor could not rely on employer's notice. Appellants were entitled to contribution of one-third since they were one of three tortfeasors.

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Douglas v. Lyles, No. 02-CV-1176, DISTRICT OF COLUMBIA COURT OF APPEALS, January 15, 2004, Decided
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Overview: Buyer was not barred from obtaining specific performance of contract to sell house executed by all of intestate heirs of deceased owner, although intestate heirs did not have legal title to entirety of property when the contract was signed.

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In re Thomas-Pinkney, No. 02-BG-974, DISTRICT OF COLUMBIA COURT OF APPEALS, January 15, 2004, Decided
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Overview: Attorney was disbarred for reckless misappropriation of client funds, although it was a close case and she had no prior disciplinary record, did not act dishonestly, and had a record of very considerable service to the community.

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Johnson v. United States, No. 02-CF-742, DISTRICT OF COLUMBIA COURT OF APPEALS, January 15, 2004, Decided
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Overview: Jury instruction correctly stated law with respect to carrying pistol without license based on constructive possession theory and did not confuse jury. Sentence for carrying pistol without license was remanded as basis for sentence was unclear.

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Reaves-Bey v. Karr, No. 03-CV-67, DISTRICT OF COLUMBIA COURT OF APPEALS, January 15, 2004, Decided
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Overview: Negligence claim was separate from assault claim, where injured party alleged that courier service and manager knew of and failed to heed risk that messenger posed to injured party and that this proximately caused the assault.

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Rowland v. United States, Nos. 93-CF-1095 & 98-CO-730, DISTRICT OF COLUMBIA COURT OF APPEALS, January 15, 2004, Decided
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Overview: Although admission of evidence that a defense witness refused to take a police-administered polygraph examination was erroneous, error was harmless because witness's account of the victim's suicidal gesture was thoroughly discredited in other ways.

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D.C. Hous. Auth. v. Cherry, Civil Action No.: 031t15931, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, January 20, 2004, Decided
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Overview: No cure period was required where a landlord, the District of Columbia Housing Authority, served a notice to vacate on tenants, for being in violation of D.C. Code § 42-3505.01, because the statute did not require the landlord to give the tenants a cure period before seeking eviction as the basis of the eviction was a discrete criminal act.

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