District of Columbia, April, 2003, State Case law

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State Courts - District of Columbia - April 10 - April 17, 2003

Boyle v. Giral, No. 01-CV-600, No. 02-CV-305, DISTRICT OF COLUMBIA COURT OF APPEALS, April 10, 2003, Decided
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Overview: There was no conflict of interest shown in class counsel, who was an attorney for the government, where the interests of a commercial and consumer class were similar and there was no conflict or inadequacy of representation shown.

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In re J.O.R., No. 00-FS-528, DISTRICT OF COLUMBIA COURT OF APPEALS, April 10, 2003, Decided
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Overview: Upon the arrest of a juvenile who had an outstanding neglect custody order against him, a police officer was justified in performing a full search incident to a lawful arrest, which revealed bags of cocaine in the juvenile's pockets.

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Johnson v. United States, Nos. 95-CF-1464, 96-CF-459 and 99-CO-38, DISTRICT OF COLUMBIA COURT OF APPEALS, April 10, 2003, Decided
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Overview: Defendants were properly convicted of multiple crimes in connection with a shooting because a third party's prior statement that defendants were the gunmen, which was later recanted, was admissible without limitation to prove the shooters' identity.

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Von Plinsky v. Harvey, No. 02-CV-363, DISTRICT OF COLUMBIA COURT OF APPEALS, April 10, 2003, Decided
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Overview: Where a debtor's unverified motion to vacate a foreign default judgment was not supported by affidavit or other evidence, the motion was insufficient to rebut evidence of service; the trial court erred in vacating the creditor's action.

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Carter v. Hahn, No. 02-CV-226, DISTRICT OF COLUMBIA COURT OF APPEALS, April 17, 2003, Decided
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Overview: Trial court's directed verdict on employee's claims against store owner was improper because reasonable jurors could find that store owner intentionally or recklessly lied, which resulted in the accusation that the employee stole government funds.

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Covington & Burling v. Int'l Mktg. & Research, Inc., Civil Action No.: 01-0004360, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, April 17, 2003, Decided
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Overview: Law firm was awarded treble damages under Telephone Consumer Protection Act of 1991, 47 U.S.C.S. ? 227, after advertising company sent firm 1,634 unsolicited faxes, even after being asked to stop, as inter alia, faxes did not mention sender or sponsors and shifted costs to law firm. Executives were liable as they were involved in said practices.

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In re S.S., No. 00-FS-609, DISTRICT OF COLUMBIA COURT OF APPEALS, April 17, 2003, Decided
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Overview: A noncustodial mother could be found to have neglected her child within the meaning of the District of Columbia statute by failing to protect the child, during visitation, from sexual abuse by her older brothers.

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McFarland v. United States, No. 01-CF-86, DISTRICT OF COLUMBIA COURT OF APPEALS, April 17, 2003, Decided
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Overview: Trial judge did not abuse his discretion in admitting evidence that defendant had $ 774 on him at time of arrest because money augmented the picture of defendant as actively participating in the distribution of drugs at the time the money was seized.

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