District of Columbia, March, 2009, State Case law

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State Courts - District of Columbia - March 5, 2009

Chimes District of Columbia, Inc. v. King, No. 06-AA-1003, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Decided
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Diggs v. United States, No. 07-CM-1094, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Decided
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Overview: Conviction for possession of a prohibited weapon was vacated for a judgment against defendant on the offense of attempted possession of a prohibited weapon because defendant was not given a jury trial on the possession charge and the attempted possession charge was subsumed within the proof of the completed offense so that a trial was not required.

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Howard v. United States, No. 08-CM-317, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Decided
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Overview: As the trial court based its finding of guilt on an erroneous interpretation of the statute, defendant's conviction for assaulting, resisting, or interfering with a police officer (D.C. Code ? 22-405(b)) was reversed. Defendant did not actively or physically oppose or interfere with officers simply by failing to remove her hands from her pockets.

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In re Barrett, No. 07-BG-91, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Decided
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Overview: Because an attorney, in his capacity as a fiduciary, intentionally converted corporate funds for his personal use, fabricated documents, and made false statements to conceal his actions, he violated D.C. R. Prof. Conduct 8.4(b); the misconduct required disbarment in the District of Columbia even though a suspension was imposed in Massachusetts.

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In re Beattie, No. 09-BG-97, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Filed
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In re K.S., No. 04-FS-1597, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Decided
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Overview: There was sufficient evidence of mental and emotional harm to a child to support a neglect finding pursuant to D.C. Code ? 16-2301(9)(A)(i), (ii). The child testified that her mother beat her, threatened to kill her, and conducted "virginity exams" on her, and that this treatment left her depressed and wanting to commit suicide.

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In re Riggs, No. 07-BG-1073, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Filed
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In re Toppelberg, No. 09-BG-85, DISTRICT OF COLUMBIA COURT OF APPEALS, March 5, 2009, Decided
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