District of Columbia, January, 2005, State Case law

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State Courts - District of Columbia - January 6 - January 19, 2005

Brown v. United States, No. 01-CF-834, DISTRICT OF COLUMBIA COURT OF APPEALS, January 6, 2005, Decided
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Overview: Prosecutor did not coerce defendant's wife into not testifying as trial court was advised of possible Fifth Amendment issue as soon as it arose and the prosecutor's statements as to wife's exposure to prosecution were made only to court and counsel.

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In re Scanlon, No. 04-BG-432, DISTRICT OF COLUMBIA COURT OF APPEALS, January 6, 2005, Decided
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Overview: Where an attorney committed misconduct he was suspended for 30 days, but his reinstatement was conditioned on his responding to the disciplinary complaint against him and on his completing an ethics continuing legal education course.

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Young v. D.C. Dep't of Empl. Servs., No. 03-AA-1019, DISTRICT OF COLUMBIA COURT OF APPEALS, January 6, 2005, Decided
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Overview: Director of District of Columbia Department of Employment Services erred in substituting his judgment for administrative law judge's finding that injury was work-related that was based on substantial evidence including treating physician's opinion.

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Boddie v. United States, No. 03-CF-31, DISTRICT OF COLUMBIA COURT OF APPEALS, January 13, 2005, Decided
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Overview: For conviction of unlawful possession with intent to distribute a controlled substance (heroin) within a drug-free zone, government needed to prove defendant possessed controlled substance within drug-free zone with intent to distribute it somewhere.

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Ferguson v. United States, No. 01-CF-1402, DISTRICT OF COLUMBIA COURT OF APPEALS, January 13, 2005, Decided
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Overview: Government had violated discovery rules in failing to timely notify defendant of medical expert's changed opinion regarding assault victim's wounds, but error was harmless since counsel did not seek extra time and evidence of guilt was overwhelming.

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In re Alexander, No. 04-BG-453, DISTRICT OF COLUMBIA COURT OF APPEALS, January 13, 2005, Decided
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Overview: Attorney was disbarred for misappropriating funds from an estate, engaging in tax evasion involving client trust accounts, and knowingly misrepresenting material facts to District of Columbia Bar Counsel about his management of the estate.

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In re Winick, Nos. 02-BG-1133 & 02-BG-1377, DISTRICT OF COLUMBIA COURT OF APPEALS, January 13, 2005, Decided
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Overview: Where a lawyer had been suspended from the practice of law in Florida for three years, as a similar sanction would have been imposed in the District of Columbia for the same misconduct, that jurisdiction imposed identical reciprocal sanctions.

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Morales v. United States, No. 99-CM-91, DISTRICT OF COLUMBIA COURT OF APPEALS, January 13, 2005, Decided
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Overview: Statements made to police were admissible despite the fact that defendant was not given Miranda warnings since she was not in custody when interrogated; defendant's freedom of action was not curtailed to a degree associated with a formal arrest.

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Swingle v. Mercurio, 04-LT-45582, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, January 14, 2005, Filed
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Overview: Service of process was quashed; service on tenant in an action to recover possession, effected by posting a copy of a summons and complaint on the exterior door of a two-flat building, was insufficient under D.C. Code Ann. ? 16-1502.

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West v. United States, Nos. 01-CF-628 & 03-CO-682, DISTRICT OF COLUMBIA COURT OF APPEALS, January 19, 2005, Decided
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Overview: Where defendant used one gun and the incidents were not separated by time and location, two counts of possession of a firearm during a crime of violence should have been merged and defendant was entitled to resentencing.

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