District of Columbia, March, 2005, State Case law

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State Courts - District of Columbia - March 17 - March 24, 2005

In re Edwards, No. 00-BG-552, DISTRICT OF COLUMBIA COURT OF APPEALS, March 17, 2005, Decided
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Overview: Finding that an attorney misappropriated funds of one client was supported by clear and convincing evidence in the record and the appropriate sanction to impose pursuant to D.C. Bar R. XI, ? 9(g)(1) was a six-month suspension with related conditions as her misconduct was not intentional but negligent and mitigating factors existed.

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In re F.W., Nos. 03-FS-612 & 03-FS-653, DISTRICT OF COLUMBIA COURT OF APPEALS, March 17, 2005, Decided
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Overview: Waiver of mother's consent to adoption was upheld because there was evidence that, inter alia, children enjoyed continuity of care and positive interactions in the foster home and that the parents failed to complete all counseling and parenting sessions, failed to provide support to the children, and failed to remedy their employment situations.

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In re Gore, No. 02-BG-219, DISTRICT OF COLUMBIA COURT OF APPEALS, March 17, 2005, Filed
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In re Schlemmer, No. 04-BG-707, DISTRICT OF COLUMBIA COURT OF APPEALS, March 17, 2005, Decided
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Overview: Appellate court adopted the recommendation of Board on Professional Responsibility imposing sanction of a Board reprimand on attorney based on attorney's failure to file appeal, as requested by client, and failure to inform client that appeal had not been filed; sanction was appropriate because it fell within the range of acceptable outcomes.

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Nixon v. United States, No. 02-CM-466, DISTRICT OF COLUMBIA COURT OF APPEALS, March 17, 2005, Decided
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Overview: Officer had reasonable articulable suspicion to justify investigatory stop based on information received from citizen who had personally observed occurrence he was describing; information was given in person so police were able to assess reliability, and reliability was established when police reached location and found scene corroborating report.

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In re Greenfeld, No. 05-BS-154, DISTRICT OF COLUMBIA COURT OF APPEALS, March 24, 2005, Filed
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Miller v. D.C. Rental Hous. Comm'n, No. 04-AA-282, DISTRICT OF COLUMBIA COURT OF APPEALS, March 24, 2005, Decided
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Overview: Fine that had been imposed under D.C. Code Ann. ? 42-2509.01(b) was properly vacated because there was no finding that housing provider had acted willfully. Retaliation was not automatically willful violation; provider at least had to be aware that violation of District of Columbia Rental Housing Act was to be result of provider's conduct.

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Nesbeth v. United States, No. 99-CM-873, M-15775-98, DISTRICT OF COLUMBIA COURT OF APPEALS, March 24, 2005, Decided
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Overview: Trial judge did not err in barring defendant from asserting defense under Religious Freedom Restoration Act, 42 U.S.C.S. ? 2000bb (2005), based on claim he was adherent of Rastafarian religion and marijuana use was sacrament of faith as precedent precluded argument government's compelling interest could leave room for religious use of marijuana.

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