District of Columbia, February, 2005, State Case law

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State Courts - District of Columbia - February 24 - March 3, 2005

In re Bogachoff, No. 04-BG-476, DISTRICT OF COLUMBIA COURT OF APPEALS, February 24, 2005, Decided
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Overview: After an attorney's conviction for bank fraud, in violation of 18 U.S.C.S. ? 1344, was determined to be for a crime involving moral turpitude within the meaning of D.C. Code Ann. ? 11-2503(a), his disbarment was mandatory. Thus, the Board's recommendation for the same was accepted.

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In re Mance, No. 04-BG-860, DISTRICT OF COLUMBIA COURT OF APPEALS, February 24, 2005, Decided
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Overview: An attorney's recommended sanction of a 30-day suspension from the practice of law for neglecting a criminal client's appeal rights was stayed, and a one year unsupervised probation was imposed, along with a condition to take continuing education courses on law office management and legal ethics; the neglect arose from mismanagement.

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Tinsley v. United States, Nos. 00-CF-790 and 02-CO-80, DISTRICT OF COLUMBIA COURT OF APPEALS, February 24, 2005, Decided
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Overview: The exclusion of a defendant's brother and his friends, as well as his mother, from his murder trial during the testimony of a reluctant witness was upheld on appeal, as the witness stated that she had been threatened by such persons if she testified against defendant and the order was limited to only those persons.

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Allen v. Yates, No. 03-CV-520, DISTRICT OF COLUMBIA COURT OF APPEALS, March 3, 2005, Decided
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Overview: Though obligee's release of principal debtor on two promissory notes did not release guarantor from paying any remaining indebtedness, the obligee was improperly granted summary judgment in an action for payment because material fact questions remained on what compensation the obligee recovered from the principal debtor, which would be an offset.

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Boyd v. United States, No. 03-CF-830, DISTRICT OF COLUMBIA COURT OF APPEALS, March 3, 2005, Decided
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Overview: The crimes of uttering under D.C. Code ? 22-3241(a)(2) and attempted second-degree theft under D.C. Code ? 22-3211(b)(1) did not merge because each offense required proof of an element that the other did not; therefore, under the "Blockburger test," the crimes of uttering and attempted theft were "separate and distinct" offenses that did not merge.

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In re Devaney, No. 04-BG-918, DISTRICT OF COLUMBIA COURT OF APPEALS, March 3, 2005, Decided
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Overview: Attorney's execution of multiple codicils to elderly person's will that gave either to him or to the attorney's family a larger portion of it warranted his disbarment; D.C. R. Prof. Conduct 1.8(b) made it a violation of professional conduct rules for him to prepare a testamentary instrument conveying property to himself or his immediate family.

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In re Shepherd, No. 03-BG-1343, DISTRICT OF COLUMBIA COURT OF APPEALS, March 3, 2005, Decided
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Overview: Attorney's conduct in undertaking representation of clients, failing to appear at an initial conference, causing case to be dismissed without prejudice, and failing to inform clients of dismissal violated D.C. R. Prof. Conduct 8.4(d), regarding interference with the administration of justice, and warranted imposing discipline on him.

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Jenkins v. United States, Nos. 99-CF-1213, 02-CO-1366 & 04-CO-357, DISTRICT OF COLUMBIA COURT OF APPEALS, March 3, 2005, Decided
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Overview: Court remanded child sexual abuse case for further inquiry as to whether juror had been polled and joined verdict. Unsworn letter from Recording Division was insufficient to prove that juror had been polled. Counsel was not ineffective for not objecting to hearsay in medical record; his strategy was that it was better than damaging live testimony.

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Jordan Keys & Jessamy, LLP v. St. Paul Fire & Marine Ins. Co., No. 03-CV-1380, DISTRICT OF COLUMBIA COURT OF APPEALS, March 3, 2005, Decided
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Overview: Trial court properly granted the insurer's motion to dismiss for failure to state a claim, pursuant to Del. Super. Ct. R. Civ. P. 12(b)(6), on the law firm's claim for damages under "implied-in-fact" or quasi-contract theories, as express contract excluded "implied-in-fact" recovery and there was no indication that insurer was unjustly enriched.

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