District of Columbia, July, 2003, State Case law

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State Courts - District of Columbia - July 3 - July 10, 2003

In re Sabo, No. 00-BG-28, DISTRICT OF COLUMBIA COURT OF APPEALS, July 3, 2003, Filed
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Mourning v. APOCA Std. Parking, Inc., No. 02-CV-675, DISTRICT OF COLUMBIA COURT OF APPEALS, July 3, 2003, Decided
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Overview: A trial court erred in denying a pedestrian's motion for relief from a dismissal of her personal injury complaint with prejudice for failure to appear at a second scheduling conference because it did not discuss pedestrian's claim of lack of notice.

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Reed v. United States, No. 02-CF-1426, DISTRICT OF COLUMBIA COURT OF APPEALS, July 3, 2003, Decided
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Overview: Evidence was sufficient to support defendant's carrying a dangerous weapon conviction, where defendant was arrested while carrying a three-inch dagger and a substantial quantity of drugs. Jury could find that the dagger had no utilitarian purpose.

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Cook v. United States, No. 02-CM-307, DISTRICT OF COLUMBIA COURT OF APPEALS, July 10, 2003, Decided
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Overview: Defendant was entitled to Jencks Act hearing as to notes of police officers taken at the time of assault where subpoenaed police officers failed to appear for trial and defendant had no other Jencks statements to impeach Government's sole witness.

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District of Columbia v. Cruz, No. 02-CT-1347, DISTRICT OF COLUMBIA COURT OF APPEALS, July 10, 2003, Decided
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Overview: Trial court's dismissal with prejudice was improper where defendant failed to make a specific assertion of a speedy trial violation, and failed to demonstrate sufficient prejudice to warrant a dismissal based on a speedy trial violation.

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Harris v. Ladner, No. 01-CV-1593, DISTRICT OF COLUMBIA COURT OF APPEALS, July 10, 2003, Decided
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Overview: On remand, a receiving court treated orders of transferring court as if they were its own. Where a case was initially filed in a district court, but remanded to a superior court, trial court properly adhered to district court's scheduling orders.

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In re CA.S., Nos. 00-FS-802, 00-FS-803, and 00-FS-804, DISTRICT OF COLUMBIA COURT OF APPEALS, July 10, 2003, Decided
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Overview: Trial court improperly relied on truth of hearsay statements of children to psychologist to find that children had witnessed domestic abuse of mother by father. However, children were properly found to be neglected due to father's incarceration.

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In re Perez, No. 02-BG-660, DISTRICT OF COLUMBIA COURT OF APPEALS, July 10, 2003, Decided
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Overview: The court's review of a report and recommendation of the Board on Professional Responsibility was deferential where an attorney had bypassed the opportunity to identify and brief issues. Suspension and restitution were ordered, as recommended.

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Jones v. United States, No. 98-CF-1857, DISTRICT OF COLUMBIA COURT OF APPEALS, July 10, 2003, Decided
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Overview: Defendant's conversation with lawyer girlfriend was not privileged, because he did not establish reasonable expectation of confidentiality; probable cause supported blood sample warrant; verdicts on various offenses supported enhanced sentence.

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