District of Columbia, May, 2006, State Case law

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State Courts - District of Columbia - May 11 - May 18, 2006

In re Jones, No. 01-FM-1462, DISTRICT OF COLUMBIA COURT OF APPEALS, May 11, 2006, Decided
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Overview: Appellant's conviction of criminal contempt under D.C. Code Ann. ? 16-1005(f) was reversed as appellant's willful violation of a no contact provision in a CPO depended on a willful violation of the stay away provision and appellant was not put on notice that a failure to keep a particular distance away was itself a violation.

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In re Scungio, No. 06-BG-98, DISTRICT OF COLUMBIA COURT OF APPEALS, May 11, 2006, Filed
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In re T.H., No. 05-FS-306, DISTRICT OF COLUMBIA COURT OF APPEALS, May 11, 2006, Decided
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Overview: A trial court used the proper probable cause standard to decide appellee's, a juvenile's, motion to suppress his arrest, and, as he was a passenger in the back seat of a sport utility vehicle containing fireworks in its rear compartment, he did not constructively possess the fireworks, so there was no Fourth Amendment probable cause to arrest him.

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Scott v. United States, No. 04-CM-332, DISTRICT OF COLUMBIA COURT OF APPEALS, May 11, 2006, Decided
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Overview: Failure of trial court to adequately inquire into alleged intimidation of a defense witness by a police detective was harmless error and did not support reversal of destruction of property conviction where there was no claim that witness failed to testify due to intimidation and eyewitness testimony provided basis for conviction.

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Settlemire v. District of Columbia Office of Emple. Appeals, No. 03-CV-590, DISTRICT OF COLUMBIA COURT OF APPEALS, May 11, 2006, Decided
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Overview: As no meaningful relief was available to an employee on his challenge to his reassignment within the police department after the position to which he sought to be returned was abolished, dismissal of his appeal as moot by the District of Columbia Office of Employee Appeals was affirmed. Attorney's fees were not available, D.C. Code ? 1-606.08.

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In re Harkins, No. 05-BG-517, DISTRICT OF COLUMBIA COURT OF APPEALS, May 18, 2006, Decided
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Overview: Aggregate of attorney's multiple sexually abusive contacts and stalker-like harassments rose to level of professional misconduct and constituted sanctionable ethics violation under D.C. R. Prof. Conduct 8.4(b). A 30-day suspension was a more appropriate sanction than the Board on Professional Responsibility's recommendation of public censure.

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United States v. McMillian, No. 05-CO-310, DISTRICT OF COLUMBIA COURT OF APPEALS, May 18, 2006, Decided
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Overview: Motion to suppress evidence was denied on appeal as the Government was not collaterally estopped from litigating the motion. Additionally, although defendant was illegally seized under the Fourth Amendment, the generation of probable cause to arrest him after his detention broke the causal link between his illegal seizure and his confession.

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