District of Columbia, June, 2003, State Case law

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State Courts - District of Columbia - June 19 - June 26, 2003

Dorsey v. District of Columbia, No. 02-CV-448, DISTRICT OF COLUMBIA COURT OF APPEALS, June 19, 2003, Decided
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Overview: Injured party's failure to serve the mayor and corporation counsel, when suing the District of Columbia for personal injuries, allowed dismissal, and her failure to explain lack of service of proper parties allowed denial of her motion to reinstate.

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Gross v. D.C. Dep't of Empl. Servs., No. 02-AA-658, DISTRICT OF COLUMBIA COURT OF APPEALS, June 19, 2003, Decided
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Overview: The Director of the District of Columbia Department of Employment Services relied too heavily on inconsistent findings made by an administrative law judge in concluding that the employee was not employed by the employer at time of the injury.

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Porter v. United States, Nos. 97-CF-134, 99-CO-205, 00-CO-1511 & 01-CO-724, No. 97-CF-172, Nos. 97-CF-431, 00-CO-1517 & 01-CO-672, DISTRICT OF COLUMBIA COURT OF APPEALS, June 19, 2003, Decided
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Overview: Where overwhelming evidence indicated that three defendants planned and executed a drug buy/robbery that turned into a murder, relatively minor errors in prosecutorial conduct and evidentiary rulings were not reversible error.

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United States-S. Afr. Leadership Exch. Program v. D.C. Dep't of Empl. Servs., No. 00-AA-1467, DISTRICT OF COLUMBIA COURT OF APPEALS, June 24, 2003, Filed
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Hajimihalis v. Mallios, No. 02-CV-724, DISTRICT OF COLUMBIA COURT OF APPEALS, June 26, 2003, Decided
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In re A.S., No. 02-FS-198, DISTRICT OF COLUMBIA COURT OF APPEALS, June 26, 2003, Decided
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Overview: Narcotics seized from defendant, a juvenile, were properly suppressed where a police officer stopped and frisked defendant solely based on his presence at night in a high drug area and his furtive stuffing motion into the waistband of his pants.

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McCullough v. United States, Nos. 99-CF-900 & 99-CF-942, DISTRICT OF COLUMBIA COURT OF APPEALS, June 26, 2003, Decided
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Overview: The trial court did not commit reversible by denying defendant's motion for severance from his co-defendant because there was no evidence that defendant's substantial rights were affected.

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Wash. Metro. Area Transit Auth. v. D.C. Dep't of Empl. Servs., No. 02-AA-707, DISTRICT OF COLUMBIA COURT OF APPEALS, June 26, 2003, Decided
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Overview: An employee satisfied his initial burden regarding the presumption of workers' compensation compensability. The employer failed to present substantial evidence to rebut that presumption, as its expert's opinion was based on a flawed assumption.

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