District of Columbia, May, 2007, State Case law

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State Courts - District of Columbia - May 10, 2007

Adams v. Franklin, No. 05-CV-233, DISTRICT OF COLUMBIA COURT OF APPEALS, May 10, 2007, Decided
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Overview: Trial court issued an order compelling a former attorney for a client to submit to a deposition in litigation subsequently brought by the client; because of the court's order, D.C. R. Prof. Conduct 1.6 did not bar the deposition. Additionally, any claim of attorney-client privilege was waived by a communication by the attorney to third parties.

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Bolanos v. United States, Nos. 98-CF-1821, 98-CF-1871 & 98-CF-1872, DISTRICT OF COLUMBIA COURT OF APPEALS, May 10, 2007, Decided
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Overview: Convictions for aggravated assault while armed were reversed because the evidence was insufficient regarding the extent of the injuries for two of the victims. Additionally, because the judge failed to properly instruct, the convictions of two defendants for the assault of a third victim were reversed and remanded for further proceedings.

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Higgenbottom v. United States, No. 03-CF-1187, DISTRICT OF COLUMBIA COURT OF APPEALS, May 10, 2007, Decided
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Overview: Convictions were affirmed because the trial court acted within its discretion when it proceeded with sentencing without holding additional hearings sua sponte on defendant's competency at the time of trial; and, despite an erroneous omission, the self-defense instructions that were given fairly and fully presented the defense theory.

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Kingman Park Civic Ass'n v. Williams, No. 04-CV-954, DISTRICT OF COLUMBIA COURT OF APPEALS, May 10, 2007, Decided
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Overview: Trial court did not err in dismissing and granting summary judgment on civic associations' claims that the District of Columbia Ward Redistricting Amendment Act of 2001, D.C. Code ? 1-1041.03, violated the District of Columbia Election Act, D.C. Code ? 1-1011.01, as the associations did not show that redrawn wards violated redistricting standards.

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Murphy v. Schwankhaus, No. 05-CV-1486, DISTRICT OF COLUMBIA COURT OF APPEALS, May 10, 2007, Decided
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Overview: Building owner, as a matter of law, owned no duty to injured party and thus, committed no breach of duty that proximately caused injuries. Injured party presented no evidence tenant's shoveling of sidewalk made it more hazardous; thus, even assuming tenant was owner's agent, there was no evidence owner created risk that was not already present.

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