District of Columbia, January, 2005, State Case law

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State Courts - District of Columbia - January 24 - February 1, 2005

Murray v. District of Columbia, No. 03-CV-1155, DISTRICT OF COLUMBIA COURT OF APPEALS, January 24, 2005, Decided * * The decision in this case was originally issued as an unpublished Memorandum and Judgment on January 24, 2005. It is now being published by direction of the court.
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Overview: Pursuant to D.C. Super. Ct. R. Civ. P. 12-I(e), judge did not abuse discretion in granting District of Columbia's unopposed motion to dismiss inmate's complaint without prejudice for his alleged failure to complete service of process as it was not obvious that service was complete without receipt from District of Columbia Corporation Counsel.

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Burke v. Scaggs, No. 03-CV-188, DISTRICT OF COLUMBIA COURT OF APPEALS, January 27, 2005, Decided
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Overview: Denial of doctor's motion for judgment as a matter of law and entry of monetary judgment for child and her parents was not error; discrepancy between their experts as to standard of care did not defeat their prima facie case for medical malpractice.

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D.C. Bd. of Elections v. District of Columbia, Nos. 03-CV-549 & 03-CV-560, DISTRICT OF COLUMBIA COURT OF APPEALS, January 27, 2005, Decided
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Overview: Treatment Instead of Jail for Certain Non-Violent Drug Offenders Initiative of 2002, providing for substance abuse treatment as alternative to incarceration for certain drug offenses, was law appropriating funds and impermissible initiative subject.

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Guest v. United States, No. 02-CF-1203, DISTRICT OF COLUMBIA COURT OF APPEALS, January 27, 2005, Decided
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Overview: Defendant was properly convicted of distributing cocaine and that conviction would not be overturned on his claim of a Brady violation, as he did not show that the information he sought about a witness was in the government's possession.

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Shore v. Groom Law Group, Nos. 00-CV-1675, 01-CV-82, and 01-CV-1401, DISTRICT OF COLUMBIA COURT OF APPEALS, January 27, 2005, Decided
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Overview: An arbitration award limiting a former law firm partner's damages for gender discrimination to one month's back pay was upheld on appeal as her success was minimal and, therefore, the exclusion of attorney's fees was reasonable.

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Simms v. United States, No. 02-CF-1165, DISTRICT OF COLUMBIA COURT OF APPEALS, January 27, 2005, Decided
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Overview: Refusal to instruct jury in defendant's simple assault case on right of parent to use reasonable amount of force to discipline child was not error; record did not warrant giving it, as he did not show he was acting in loco parentis toward victim.

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Stancil v. United States, No. 03-CM-444, DISTRICT OF COLUMBIA COURT OF APPEALS, January 27, 2005, Decided
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Overview: In a domestic violence prosecution, defendant was entitled to a remand with regard to whether a violation of the Confrontation Clause occurred with regard to the admission of statements made by his wife, who did not testify at trial.

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Taylor v. United States, No. 99-CF-1379, DISTRICT OF COLUMBIA COURT OF APPEALS, January 27, 2005, Decided
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Overview: Prior consistent statements were admissible to rehabilitate witnesses. Reasonable efforts instruction was not error, but temperate prod to "hung jury" to bring out verdict, and reference to death penalty were harmless where admonition was given.

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Plummer v. United States, No. 01-CF-1538, DISTRICT OF COLUMBIA COURT OF APPEALS, January 28, 2005, Decided ** The decision in this case was originally issued as an unpublished Memorandum Opinion and Judgment on January 28, 2005. The court granted appellant's consent motion to publish.
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Overview: Plain error was not shown by defendant where he was found guilty on one count of distribution of crack cocaine in violation of D.C. Code Ann. ? 33-541(a)(1) as defendant's claim that he was victim of judicial bias regarding rulings against him was not supported by the evidence and bias from the required extrajudicial source was not shown.

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HB Mgmt., LLC v. Brooks, 04-LT-37313, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, February 1, 2005, Filed
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Overview: A limited liability company's (LLC) complaint was dismissed because (1) the LLC was a legal entity separate from its members and had to be represented by counsel under D.C. Super. Ct. R.P. Landlord Tenant Branch 9, D.C. Super. Ct. R. Civ. P. 101, and D.C. Ct. App. R. 49, and (2) the representing member was not licensed to practice law in D.C.

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