District of Columbia, May, 2004, State Case law

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State Courts - District of Columbia - May 27, 2004

D.C. Water & Sewer Auth. v. Delon Hampton & Assocs., No. 02-CV-1212, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: District of Columbia's water and sewer authority carried out proprietary rather than governmental functions; therefore, it was not immune from the running of the limitations period on its breach of contract claim against a design contractor.

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Dockery v. United States, Nos. 98-CF-1659, 98-CO-1725, 02-CO-133, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: Complex evidence of defendant's drug trafficking was only way to make circumstances of murder intelligible; life without parole was improperly imposed in absence of explicit jury findings of aggravating circumstances.

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Epstein v. D.C. Dep't of Empl. Servs., No. 03-AA-183, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: It was improper to retroactively apply an administrative rule that an employer had to offer an employee receiving workers' compensation benefits notice and an opportunity to cure alleged failures to cooperate with vocation relocation services.

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Griffin v. United States, No. 00-CF-1037, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: Corrections officer acted reasonably when he instructed defendant who was an inmate in a halfway house to remove his clothes after defendant acted suspiciously, and trial court properly denied defendant's motion to suppress drugs the officer found.

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In re Estate of Greene, No. 02-PR-826, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: Successor guardian erred in paying himself two commissions from ward's estate before obtaining trial court approval. Case was remanded for trial court to determine whether the successor guardian owed the ward interest for the premature commissions.

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In re Grant, No. 03-BG-82, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: Where an attorney committed sufficient misconduct to be disbarred by another jurisdiction, and where he failed to appear or respond to requests for reciprocal discipline in the District of Columbia, the attorney was disbarred.

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In re Matzkin, No. 03-BG-1258, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: Where neither party objected to report that found that attorney did not establish that he was entitled to reinstatement, recommendation of denial of petition for reinstatement by Board on Professional Responsibility was entitled to great weight.

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In re Morrison, No. 03-BG-581, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: An attorney, who was reprimanded in Maryland for disciplinary rule violations and was a member of both the Maryland and the District of Columbia (DC) bars, was given reciprocal discipline in DC in the from of a public censure.

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K.C. Enter. v. Jennings, No. 03-DA-21, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Filed
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Overview: Where no trial court record existed regarding a judgment in favor of a party in a small claims breach of contract action, the court did not allow an appeal of the judgment, which was clothed in a presumption of correctness.

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S. Brooke Purll, Inc. v. Vailes, No. 02-CV-1016, DISTRICT OF COLUMBIA COURT OF APPEALS, May 27, 2004, Decided
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Overview: Trial court erred by finding that clause in contract which homeowner signed with contractor, which required him to pay 35 percent of $ 103,148 he agreed to pay contractor to renovate his house if he cancelled the contract, was invalid as a penalty.

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