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   State Courts - District of Columbia - May 11 - May 20, 2004

  
Jackson v. Byrd, Civil Action No. 01-ca-825, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, May 11, 2004, Decided
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Overview: A purported foreclosure specialist violated D.C. Code Ann. § 28-3904(f), (h), and (r) where it was shown by a preponderance of the evidence that he took advantage of a frail and disabled woman by tricking her into selling her home for a nominal sum and then flipped it for a far greater sum with the woman never knowing she was selling.

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Douglas v. Kriegsfeld Corp., No. 02-CV-711, DISTRICT OF COLUMBIA COURT OF APPEALS, May 13, 2004, Decided
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Overview: Trial court erred in rejecting tenant's discrimination defense under the Federal Fair Housing Act in a landlord's possession action because the tenant's accommodation request was reasonable and timely and she established a prima facie case.

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In re Quinn, No. 03-BG-76, DISTRICT OF COLUMBIA COURT OF APPEALS, May 13, 2004, Decided
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Overview: An attorney's disbarment was mandated where he was convicted of, in part, one count of conspiracy to defraud the United States and three counts of wire fraud. Those crimes involved moral turpitude per se.

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Trice v. United States, Nos. 00-CF-65 & 00-CF-893, DISTRICT OF COLUMBIA COURT OF APPEALS, May 13, 2004, Decided
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Overview: Fourth Amendment allowed police to detain defendant without a belief that he had committed a crime, as he was accompanying a person who fit the description of suspect in a recent violent crime in the area, and as defendant was not a mere bystander.

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Van Buren Peery v. United States, No. 01-CF-719, DISTRICT OF COLUMBIA COURT OF APPEALS, May 13, 2004, Decided
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Overview: Evidence was insufficient to support defendant's conviction of theft as no policy as to the use of a law firm's credit card was conveyed to defendant, and his statements showed that there were both innocent and guilty explanations for his conduct.

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Bolandz v. 1230-1250 Twenty-Third St. Condo. Unit Owners Ass'n, No. 01-CV-1225, DISTRICT OF COLUMBIA COURT OF APPEALS, May 20, 2004, Decided
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Overview: When a condominium board of directors ordered a unit owner to remove an enclosure the owner had installed on his balcony without the board's permission, a reviewing court had to determine whether the board's decision was substantively reasonable.

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In re Estate of Couse, No. 98-PR-497, DISTRICT OF COLUMBIA COURT OF APPEALS, May 20, 2004, Decided
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Overview: Armed Forces Retirement Home Act of 1991 did not preempt District of Columbia probate accounting procedures where the Director of an Armed Forces Retirement Home voluntarily initiated a probate proceeding for a deceased resident who died intestate.

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In re Estate of Gillis, No. 00-PR-379, DISTRICT OF COLUMBIA COURT OF APPEALS, May 20, 2004, Decided
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Overview: Placement problems for young retarded adult with behavioral issues required District of Columbia court to consider whether appointment of limited guardian would be appropriate.

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Wash. Metro. Area Transit Auth. v. Cross, No. 01-CV-338, DISTRICT OF COLUMBIA COURT OF APPEALS, May 20, 2004, Decided
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Overview: In a personal injury action, trial court erred in declining to give contributory negligence charge where passenger testified that bus "took off" with abnormal rapidity and where jury could have concluded that passenger should not have left her seat.

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