District of Columbia, February, 2007, State Case law

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State Courts - District of Columbia - February 15, 2007

Dorsey v. District of Columbia, No. 05-CV-1500, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: Complaint by a parking ticket recipient was properly dismissed because he failed to exhaust his administrative remedies. Further, a council member's support for a legislative bill and her refusal to repeal a regulation fell within the scope of her legislative duties; thus she was immune from suit under D.C. Code ? 1-301.42.

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Hinton v. Sealander Brokerage Co., No. 05-CV-303, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: Judgment was vacated, and the case was remanded for evaluation of damages to the tenant for her wrongful eviction, and for reconsideration of the damages payable to the landlord for the tenant's holding over by leaving her property there after her lease had expired. The responsibility of each party to mitigate damages was to be considered.

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In re B.J., Nos. 05-FS-339, 05-FS-1582 and 05-FS-1583, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: Parental rights of a mother were properly terminated because the service of the termination proceeding upon the mother by a courtroom clerk when the mother appeared for a status hearing in a neglect case was sufficient, and the magistrate judge did not err under D.C. Code ? 16-2353(b)(4) by not taking testimony from the children, given their ages.

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In re D.H., Nos. 06-FS-148, 06-FS-149, 06-FS-150, 06-FS-151, 06-FS-152, 06-FS-153, 06-FS-154, and 06-FS-155, Nos. 06-FS-823, 06-FS-824, 06-FS-825, 06-FS-826, 06-FS-861, 06-FS-862, 06-FS-863, and 06-FS-864, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: Consent to adoption was not needed where children had been in care of foster parents for nearly a decade, affectionately referred to them as "mom" and "dad," and were well adjusted to home of foster parents; while mother had been drug free for 18 months, court did not err in looking to past actions to predict future ability to care for children.

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In re Winston, No. 06-BG-11, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: Attorney who had resigned from the California Bar while disciplinary charges were pending against him was given "virtually identical" reciprocal discipline in the District of Columbia under D.C. Bar R. XI, ? 11 and was suspended from the practice of law for five years based on misconduct including corruption or dishonesty.

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Luskey v. Borger Mgmt., No. 02-CV-934, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: In tenant's action for wrongful eviction, judgment was improperly rendered in landlord's favor because a judgment of possession in a prior case was improper as the landlord failed to give the written notice to vacate required by D.C. Code ? 42-3505.01(a) and (b) (2001) and 30 days to correct the violation of repeated failure to pay rent when due.

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Macci v. Allstate Ins. Co., Nos. 00-CV-1318 and 00-CV-1456, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: Although a summary judgment award to an insurer was affirmed as an insured was required to show an uninsured motorist's legal liability to the insured before the insurer was obliged to provide uninsured motorist coverage, the case was remanded for the court to reconsider the denial of relief to the insured under D.C. Super. Ct. R. Civ. P. 60(b).

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Roberts v. United States, No. 03-CF-853, DISTRICT OF COLUMBIA COURT OF APPEALS, February 15, 2007, Decided
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Overview: Defendant's conviction for first-degree sexual abuse was affirmed; although his Sixth Amendment right to confrontation was violated due to admission of out-of-court statements of forensic scientists through a DNA expert's testimony, because defendant did not object to this evidence on confrontation grounds, there was no basis for reversal.

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