District of Columbia, April, 2004, State Case law

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State Courts - District of Columbia - April 8 - April 23, 2004

In re Drager, Nos. 01-BG-959 & 02-BG-1302, DISTRICT OF COLUMBIA COURT OF APPEALS, April 8, 2004, Decided
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Overview: In reciprocal discipline case wherein New York attorney had been disbarred for three counts of failure to cooperate with grievance committee and did not object to District of Columbia (DC) recommendation for same sanction, he was disbarred in DC.

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In re Lee, No. 04-BG-47, DISTRICT OF COLUMBIA COURT OF APPEALS, April 8, 2004, Filed
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Moore v. United States, No. 01-CF-673, DISTRICT OF COLUMBIA COURT OF APPEALS, April 8, 2004, Decided
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Overview: Belated disclosure that victim first stated that his assailant had worn mask was not material Brady violation as it was not likely that victim and three witnesses, each having known defendant for at least five years, mistakenly identified defendant.

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Rodgers Bros. Custodial Servs. v. D.C. Bd. of Zoning Adjustment, No. 02-AA-951, DISTRICT OF COLUMBIA COURT OF APPEALS, April 8, 2004, Decided
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Overview: Board of Zoning Adjustment properly affirmed ALJ's finding that company was not just storing materials, as its application for certificate of occupancy had stated. It appeared to be processing trash and was not in compliance with regulations.

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Teru Chang v. Inst. for Public-Private P'ships, Inc., No. 02-CV-1256, DISTRICT OF COLUMBIA COURT OF APPEALS, April 8, 2004, Decided
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Overview: Summary judgment in favor of employer was proper in employee's suit alleging it fired her because it perceived she had a disability (hypertension) and because she took protected medical leave. Employee could not show employer's reasons were pretext.

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Watkins v. United States, No. 00-CF-540, DISTRICT OF COLUMBIA COURT OF APPEALS, April 8, 2004, Decided
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Overview: Court rule and appellate supervisory authority did not entitle defendant to the grand jury testimony of a deceased witness whose hearsay was admitted, Brady did not require the testimony's disclosure, and replacing a juror was no abuse of discretion.

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Digital Broad. Corp. v. Rosenman & Colin, LLP, No. 00-CV-533, DISTRICT OF COLUMBIA COURT OF APPEALS, April 15, 2004, Decided
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Overview: A trial court did not abuse its discretion in refusing to set aside a default judgment where appellant showed no good cause, in that it had six weeks to find counsel and respond to a suit for non-payment of legal fees.

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Ahmed v. United States, No. 01-CF-682, DISTRICT OF COLUMBIA COURT OF APPEALS, April 22, 2004, Decided
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Overview: Convictions for child and sexual abuse were affirmed because defendant did not object to the ultimate composition of the jury. Expert testimony on child memory was not needed, and the child victim could testify outside of defendant's presence.

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Austin v. United States, No. 02-CF-1455, DISTRICT OF COLUMBIA COURT OF APPEALS, April 22, 2004, Decided
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Overview: A defendant's conviction for carrying a pistol without a license was upheld where an Attorney General's memorandum provided no relief from conviction, and the defendant failed to show any discriminatory application of prosecutorial discretion.

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Makins v. District of Columbia, No. 02-SP-241, CQL01-7029, DISTRICT OF COLUMBIA COURT OF APPEALS, April 23, 2004, Filed
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