District of Columbia, March, 2005, State Case law

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State Courts - District of Columbia - March 31 - April 4, 2005

McFerguson v. United States, No. 02-CF-632, DISTRICT OF COLUMBIA COURT OF APPEALS, March 31, 2005, Decided
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Overview: Trial court erred in denying defendant's motion to sever filed pursuant to D.C. Super. Ct. R. Crim. P. 8, as the government admitted that the common scheme or plan exception to severance, applied to the circumstances of defendant's case, was incorrect, and the error was not harmless because defendant was prejudiced by it.

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McKenzie v. United States, No. 04-CO-291, DISTRICT OF COLUMBIA COURT OF APPEALS, March 31, 2005, Decided
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Overview: Since government conceded that appellant's two concurrent sentences with mandatory minimum terms of 15 years in prison imposed were unauthorized by D.C. Code Ann. ? 22-3202(a) (1981), case was remanded so that the trial court could correct the mandatory minimum designation to reflect permissible five-year mandatory minimum term for each offense.

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Psychiatric Inst. v. D.C. Comm'n on Human Rights, Nos. 03-AA-804, 03-AA-825, DISTRICT OF COLUMBIA COURT OF APPEALS, March 31, 2005, Decided
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Overview: A female supervisor's repeated sexual advances toward a homosexual male, which resulted in the male receiving emotional and mental problems, constituted a hostile work environment entitling the male to a large compensatory damages award under the District of Columbia Human Rights Act, D.C. Code Ann. ? 2-1401.01 et seq.

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Tucker v. United States, No. 01-CF-1381, F7546-99, DISTRICT OF COLUMBIA COURT OF APPEALS, March 31, 2005, Decided
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Overview: Due process and Sixth Amendment rights were not violated by refusal to release identification witness's grand jury testimony in another case, years earlier, because a mistaken identification did not mean the witness lied, and limitations on cross-examination were within court's discretion. Lesser-included offense instruction was appropriate.

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United States v. Graves, Case No. F 1812-82, F 4914-81, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CRIMINAL DIVISION - SPECIAL PROCEEDINGS BRANCH, April 4, 2005, Decided
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Overview: Defendant's motion for conditional release under D.C. Code ? 24-501(k) was denied because he failed to show that he would not be dangerous as a result of mental illness if released under the conditions proposed. Defendant's motion for correction under D.C. Super. Ct. R. Crim. P. 35 was granted because the structure of the sentence was illegal.

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