District of Columbia, March, 2007, State Case law

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State Courts - District of Columbia - March 29 - April 5, 2007

District of Columbia v. Jones, No. 06-CV-23, DISTRICT OF COLUMBIA COURT OF APPEALS, March 29, 2007, Decided
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Overview: Judgment was reversed and remanded to dismiss a deputy chief of staff's complaint against a mayor because the facts were sufficient to determine that the mayor was entitled to absolute immunity for statements he made to the press about the deputy, and the motives prompting his statements were immaterial. Therefore, no more discovery was required.

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Ellison v. United States, No. 05-CF-375, DISTRICT OF COLUMBIA COURT OF APPEALS, March 29, 2007, Decided
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Overview: Defendant's two convictions for misdemeanor sexual abuse were affirmed because there was no violation of the Double Jeopardy Clause of the Fifth Amendment as the charged offenses did not merge in that the two criminal acts occurred during the course of one encounter, and defendant chose to satisfy two different criminal impulses in the encounter.

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Hogan v. Wash. Nursing Facility, Ltd. P'ship, No. 06-CV-36, DISTRICT OF COLUMBIA COURT OF APPEALS, March 29, 2007, Decided
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Overview: In negligence action, patient's daughter was entitled to new trial on issue of damages for pain and suffering where nursing facility's negligence was proximate cause of injury and no reasonable jury could have failed to award some damages for pain and suffering; among other things, conclusion patient suffered pain comported with common experience.

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In re Coleman, No. 06-BG-375, DISTRICT OF COLUMBIA COURT OF APPEALS, March 29, 2007, Decided
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Overview: Attorney received two-year reciprocal suspension from practice of law in the District of Columbia based on discipline he received in Pennsylvania for violating that state's professional conduct rules by continuing to practice law while he was on inactive status as a result of his failure to fulfill his continuing legal education obligations.

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In re Hoffman, No. 06-BG-371, DISTRICT OF COLUMBIA COURT OF APPEALS, March 29, 2007, Decided
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Overview: Attorney was suspended from the practice of law in the District of Columbia for a period of three months in a reciprocal disciplinary action under D.C. Bar R. XI, ? 11 because of his representation in Louisiana of several individuals with conflicting interests; however, the suspension was stayed in favor of one year of unsupervised probation.

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In re Scanio, No. 05-BG-789, DISTRICT OF COLUMBIA COURT OF APPEALS, March 29, 2007, Decided
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Overview: Attorney was suspended from the practice of law in the District of Columbia for 30 days because he violated D.C. R. Prof. Conduct 8.4(c) as he was dishonest in his dealings with an insurance company while representing himself in settlement negotiations, and in separate, but related, explanations regarding his conduct to his law firm.

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In re Godette, No. 05-BG-412, DISTRICT OF COLUMBIA COURT OF APPEALS, April 5, 2007, Decided
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Overview: Case was remanded because, contrary to the finding of the District of Columbia Board on Professional Responsibility, there was substantial evidence that an attorney deliberately avoided service of process in a disciplinary proceeding. Thus, the Board was to reconsider whether the attorney was to be required to prove his fitness to practice law.

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In re Hall, No. 05-BG-883, DISTRICT OF COLUMBIA COURT OF APPEALS, April 5, 2007, Decided
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Overview: Attorney, in a reciprocal disciplinary proceeding, was suspended for 40 days from the practice of law in the District of Columbia under D.C. Bar R. XI, ? 11 because the actions of gross misdemeanor child abuse and neglect that led to his suspension in Nevada constituted misconduct under D.C. R. Prof. Conduct 8.4(b).

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Sanchez v. United States, No. 05-CF-297, DISTRICT OF COLUMBIA COURT OF APPEALS, April 5, 2007, Decided
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Overview: Conviction was reversed, and the case was remanded because the retrial of the criminal defendant, a juvenile, after a mistrial over his objection that was unsupported by manifest necessity under D.C. Code ? 16-2301(3)(A), as the trial court had authority under D.C. Code ? 16-2302(b) to proceed with the trial to verdict, violated double jeopardy.

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