District of Columbia, June, 2004, State Case law

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State Courts - District of Columbia - June 3 - June 4, 2004

Faggins v. Fischer, No. 01-CV-1328, DISTRICT OF COLUMBIA COURT OF APPEALS, June 3, 2004, Decided
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Overview: District of Columbia trial court did not abuse discretion in granting new trial based on determination that expert evidence was unreliable; filing deadline was tolled to allow for mailing time, week-end, and holiday.

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In re Levi, No. 03-BG-1334, DISTRICT OF COLUMBIA COURT OF APPEALS, June 3, 2004, Filed
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Overview: Where the admissions committee favorably relied upon an applicant's bar admission proceedings in Maryland, but the proceedings contained a serious split of views, albeit sequential, the matter was remanded to the committee for further proceedings.

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In re Mabry, No. 03-BG-1299, DISTRICT OF COLUMBIA COURT OF APPEALS, June 3, 2004, Decided
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Overview: Where an attorney persistently failed to cooperate with Bar Counsel in the investigation of a client's complaint, the attorney was publicly censured.

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In re W.M., Consolidated Case, Nos. 01-SP-683, 01-SP-684, 01-SP-725, 01-SP-726, 01-SP-739, 01-SP-744, 01-SP-748, 01-SP-842, 01-SP-848 & 01-SP-852, DISTRICT OF COLUMBIA COURT OF APPEALS, June 3, 2004, Decided
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Overview: District of Columbia Sex Offender Registration Act of 1999 was not punitive in nature and did not violate Ex Post Facto, Double Jeopardy, and Due Process Clauses. Burden was on government to prove lifetime sex-offender registration requirement.

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Rodrigues-Novo v. Recchi Am., Inc., No. 02-CV-919, DISTRICT OF COLUMBIA COURT OF APPEALS, June 3, 2004, Decided
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Vaas v. United States, 01-CM-1556, DISTRICT OF COLUMBIA COURT OF APPEALS, June 3, 2004, Decided
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Overview: An order telling defendant to stay away from an address as a pre-trial release condition, as orally modified by court, did not meet the requirement that the conditions of release be sufficiently clear and specific to serve as a guide for his conduct.

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Wash. Post v. D.C. Dep't of Empl. Servs., No. 01-AA-1478, DISTRICT OF COLUMBIA COURT OF APPEALS, June 3, 2004, Decided
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Overview: Court remanded decision awarding workers' compensation benefits to employee of city newspaper. The employer had rebutted statutory presumption of causal relationship between disability and injury sustained at work through testimony from its expert.

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Best v. D.C. Bd. of Elections & Ethics, No. 04-AA-45, DISTRICT OF COLUMBIA COURT OF APPEALS, June 4, 2004, Decided
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Overview: An elections board had to tabulate write-in votes to determine if any single write-in nominee received enough votes to qualify for a delegate to a party's national convention where it was possible the count would affect the outcome of the election.

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