District of Columbia, April, 2005, State Case law

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State Courts - District of Columbia - April 14, 2005

Bell v. United States, No. 04-CO-413, DISTRICT OF COLUMBIA COURT OF APPEALS, April 14, 2005, Decided
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Overview: Decision that recantation affidavit filed by government witness was not credible, and, thus, further consideration of defendant's third post-conviction motion was unnecessary was not error; Innocence Protection Act, D.C. Code Ann. ? 22-4131 et seq., permitted trial court to discredit affidavit and terminate "actual innocence" inquiry.

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Blackledge v. United States, No. 03-CF-598, DISTRICT OF COLUMBIA COURT OF APPEALS, April 14, 2005, Decided
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Overview: Defendant's convictions of kidnapping, D.C. Code ? 22-2001 (2001), and other crimes were affirmed; the conviction of kidnapping and a conviction of enticing a child did not merge as the enticing conviction required the State to prove elements not included in a kidnapping charge.

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In re Anya, Nos. 04-BG-525 & 04-BG-1147, DISTRICT OF COLUMBIA COURT OF APPEALS, April 14, 2005, Decided
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Overview: Since neither the attorney nor bar counsel filed exceptions to the professional responsibility board's report and its recommendation that the attorney be disbarred for multiple disciplinary violations, the appellate court's review of the recommendation was "especially deferential," and the appellate court found disbarment was the proper sanction.

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In re Harris-Smith, Nos. 02-BG-771 & 03-BG-102,, DISTRICT OF COLUMBIA COURT OF APPEALS, April 14, 2005, Decided
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Overview: Since neither bar counsel nor the attorney excepted to a Board on Professional Responsibility recommendation of disbarment as identical reciprocal discipline, heightened deference was given to it under D.C. Bar R. XI, ? 9(g)(2); as there was substantial support for the recommendation, the court adopted it and disbarred the attorney.

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In re Schainker, No. 03-BG-769, DISTRICT OF COLUMBIA COURT OF APPEALS, April 14, 2005, Decided
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Overview: A court disbarred a District of Columbia attorney pursuant to D.C. Code ? 11-2503(a) because his convictions in Michigan district court for conspiracy both to defraud the United States and to make false statements and commit mail fraud and wire fraud, in violation of 18 U.S.C.S. ?? 371, 1001, 1341, and 1343, all involved moral turpitude per se.

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McClain v. United States, No. 01-CF-1018, DISTRICT OF COLUMBIA COURT OF APPEALS, April 14, 2005, Decided
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Overview: While it was "odd" that defendant could be found not guilty of robbery while armed yet found guilty of both robbery and assault with a dangerous weapon, evidence supported any or all of the offenses for which instructions were given, and, therefore, it was not plain error for the trial judge to have charged the jury in the manner that he did.

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Weakley v. Burnham Corp., No. 03-CV-710, DISTRICT OF COLUMBIA COURT OF APPEALS, April 14, 2005, Decided
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Overview: Trial court erred in granting summary judgment to boiler manufacturers as injured party asserted he "frequently" was in immediate presence of, and worked on, manufacturers' boilers, and trial court erred in requiring he provide more detailed information regarding contact with products to be permitted discovery or to avoid summary judgment.

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