District of Columbia, February, 2007, State Case law

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State Courts - District of Columbia - February 22 - February 28, 2007

In re Bedi, No. 02-BG-977, DISTRICT OF COLUMBIA COURT OF APPEALS, February 22, 2007, Decided
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Overview: Application for admission to the bar was denied because the Committee on Admissions properly applied the burden of proof under D.C. Ct. App. R. 46(e). Further, substantial evidence supported the Committee's findings of conduct by the applicant regarding bar exams which he took that violated D.C. R. Prof. Conduct 8.1.

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In re Coffin, No. 07-BG-20, DISTRICT OF COLUMBIA COURT OF APPEALS, February 22, 2007, Filed
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In re R.G., No. 05-FS-509, DISTRICT OF COLUMBIA COURT OF APPEALS, February 22, 2007, Decided
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Overview: Weapons convictions were reversed as evidence failed to establish defendant's intent to exercise dominion and control over pistol beyond a reasonable doubt; defendant's boyfriend entered bedroom at 3:00 a.m. and was in room with defendant at time pistol was found. District offered no evidence tending to show it was not boyfriend who owned pistol.

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Kidd Int'l Home Care, Inc. v. Prince, No. 05-AA-131, DISTRICT OF COLUMBIA COURT OF APPEALS, February 22, 2007, Decided
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Overview: Award of unemployment benefits to a former employee was reversed, and the case was remanded because of the employer's uncontradicted representation that it did not receive actual notice either of an appeal by the employee or of a hearing at which it failed to appear, and because the employee did not participate in the appellate court proceedings.

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McNeal v. D.C. Dep't of Empl. Servs., No. 05-AA-931, DISTRICT OF COLUMBIA COURT OF APPEALS, February 22, 2007, Decided
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Overview: Denial of a workers' compensation claim was improper because it did not address the presumption that arose from a bus incident as an administrative law judge (ALJ) found it occurred, and the ALJ's finding that the employer's evidence overcame the statutory presumption of compensability under D.C. Code ? 32-1521(1) was not in accordance with law.

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Wilkins v. Bell, Nos. 05-FM-930 & 05-FM-1587, DISTRICT OF COLUMBIA COURT OF APPEALS, February 22, 2007, Decided
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Overview: Trial court abused discretion when, without holding a hearing, it relieved father of obligation to make child support payments for eight-week period child stayed with him; parties agreement that there had been temporary change in child's living arrangement did not establish "substantial and material change in circumstances" warranting modification.

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Lawson v. Lawson, No. 02-FM-343, DISTRICT OF COLUMBIA COURT OF APPEALS, February 28, 2007, Decided
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Overview: While there was no basis under D.C. Super. Ct. R. Dom. Rel. R. 60(b)(6) for setting aside an order to allow a former husband to relitigate a motion for reduction of alimony, after he had successfully pursued a reduction months earlier, remand was necessary for the trial court to make findings of fact under D.C. Super. Ct. R. Dom. Rel. R. 52(a).

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Order Establishing Appellate Mediation Program, No. M 229-07, DISTRICT OF COLUMBIA COURT OF APPEALS, February 28, 2007, Filed
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