District of Columbia, April, 2005, State Case law

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State Courts - District of Columbia - April 7, 2005

Abbott v. United States, Nos. 03-CO-492, 03-CO-493, 03-CO-495, 03-CO-496, 03-CO-498, and 03-CO-499, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: Pursuant to plea agreement, prosecutor recommended sentence of four years and also asked for "significant period of incarceration"; inmate was sentenced to 17 years. He was not entitled to withdraw guilty plea under D.C. Super. Ct. Crim. R. 32(e) as prosecutor had not breached plea agreement and was entitled to explain her recommendation to court.

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In re Phillips, No. 03-CV-699, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: An appellate court vacated a trial court's order denying an applicant's request for a name change to "Jesus Christ," because the trial court did not follow the dictates of D.C. Code Ann. ?? 16-2501 through -2503 and erred by denying the request on the ground that the name change may have provoked violent reactions or offended people.

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In re Wheeler, Nos. 03-BG-736, 04-BG-470 and 04-BG-1014, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: Where an attorney was convicted of misapplication of entrusted property in violation of N.J. Stat. Ann. ? 2C:21-15, as that was a crime of moral turpitude per se under D.C. Code Ann. ? 11-2503(a) (2001), his disbarment was mandatory.

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Lewis v. United States, No. 04-CO-894, No. 04-CO-895, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: Where one of three weapons found in a defendant's duffel bag remained loaded and evidence of both defendants' intent to surrender peaceably was at best ambiguous, given their failure to mention such intent to the police, trial court did not err in denying motion to dismiss weapons charges on grounds of D.C. Code Ann. ? 7-2507.05(a) (2001) immunity.

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Paschall v. D.C. Dep't of Health, No. 03-AA-1347, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: Where an ALJ found that a nursing home's notice of discharge to a Medicaid resident was defective for violating federal and District of Columbia law, it erred by later ruling that he lacked authority to order resident's readmission as 42 C.F.R. pt. 483, subpt. E, incorporated by D.C. Mun. Regs. tit. 22, ? 3200.1 (2004), gave ALJs such authority.

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Roy v. United States, Nos. 02-CF-290 & 02-CF-306, F3590-00 & F3591-00, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: As proximate causation was a valid theory of second-degree murder liability, trial court properly instructed jurors that if they found defendant engaged in a street gun battle where death to a bystander was foreseeable and he did not act in self-defense, they could find that defendant was a "substantial cause" of the bystander's death.

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Sarete, Inc. v. 1344 U St. Ltd. P'ship, No. 03-CV-1045, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: In a wrongful eviction suit brought by two individual tenants and a corporate tenant, a trial court erred in dismissing the suit as to the individual tenants, pursuant to D.C. Super. Ct. R. Civ. P. 12(b)(6), because privity of estate existed with the landlord when the landlord waived the lease provisions after an assignment occurred to the tenants.

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Wilson-Bey v. United States, Nos. 01-CF-293 and 01-CF-633, DISTRICT OF COLUMBIA COURT OF APPEALS, April 7, 2005, Decided
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Overview: Defendants' convictions for premeditated murder were upheld on appeal because the trial court judge properly instructed the jury that the natural and probable consequence of the act intended standard applied to the case and that an aider and abetter was not required to have the identical intent of the principal.

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