District of Columbia, March, 2004, State Case law

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State Courts - District of Columbia - March 25 - April 1, 2004

Beaner v. United States, Nos. 99-CF-1668 and 01-CF-139, DISTRICT OF COLUMBIA COURT OF APPEALS, March 25, 2004, Decided
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Overview: Evidence victim was only few feet away from the running car, intended to get back into the car, and would have done so had he not been assaulted was sufficient show immediate actual possession of the car. Trial court erred in sentencing defendants.

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In re Brown, No. 03-BG-807, DISTRICT OF COLUMBIA COURT OF APPEALS, March 25, 2004, Decided
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Overview: A court granted a suspended attorney's application for reinstatement based on a record that supported a hearing committee's findings that he had recovered from substance abuse and on conditions that he participate in Alcoholics Anonymous.

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In re Spitzer, No. 02-BG-69, DISTRICT OF COLUMBIA COURT OF APPEALS, March 25, 2004, Decided
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Overview: Reciprocal, but not identical, sanctions were imposed against a District of Columbia attorney who was sanctioned in Maryland; the court suspended him for 30 days and included a fitness requirement for reinstatement.

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Jones v. Hersh, No. 03-CV-223, DISTRICT OF COLUMBIA COURT OF APPEALS, March 25, 2004, Decided
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Overview: A trial court should have made findings of fact as to a tenant's claim that she answered a court clerk's calendar call in a landlord's action to recover possession of the premises prior to denying the tenant's motion to vacate a default judgment.

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Sampson v. Johnson, Nos. 00-FM-183, 00-FM-689, and 00-FM-1697, DISTRICT OF COLUMBIA COURT OF APPEALS, March 25, 2004, Decided
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Overview: Forum non conveniens dismissal of father's action to enforce visitation without following procedures for assumption of jurisdiction by foreign court left him with no remedy; remand for further findings, conclusions, and disposition was ordered.

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Stevenson v. D.C. Dep't of Empl. Servs., No. 03-AA-210, DISTRICT OF COLUMBIA COURT OF APPEALS, March 25, 2004, Decided
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Overview: A sole proprietor who was not an employee under the District of Columbia's Workers' Compensation Act could not obtain disability benefits where his insurer's coverage was based on a statutory exception applicable only in the proprietor's home state.

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Bender v. Williams, No. 02-CV-454, DISTRICT OF COLUMBIA COURT OF APPEALS, March 30, 2004, Decided ** This opinion was originally issued in unpublished form. It is now being published upon grant of appellees' motion to that end.
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Overview: Where trial judge, at bench trial, explained on record bases in fact and law for finding against tenant in action to recover pass-through expenses under commercial leases, judge made sufficient findings of fact and law under civil procedure rules.

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In re Post, No. 04-BG-26, DISTRICT OF COLUMBIA COURT OF APPEALS, April 1, 2004, Filed
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Overview: Where the Board on Professional Responsibility recommended disbarment based on an attorney's disbarment in the State of Maryland and the attorney consented thereto, the attorney was disbarred.

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Real Estate Escrow, Inc. v. Fitzgerald, No. 00-CV-1292, DISTRICT OF COLUMBIA COURT OF APPEALS, April 1, 2004, Decided
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Overview: Redeeming owner of a tax sale property was entitled to property's rental value before redemption but after tax purchaser's eviction of a tenant and refusal to re-let premises and escrow rent pending outcome of dispute regarding property's ownership.

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