District of Columbia, May, 2006, State Case law

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State Courts - District of Columbia - May 25, 2006

In re Ebert, No. 06-BG-487, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Filed
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In re Oler, No. 06-BG-455, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Filed
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Joiner-Die v. United States, No. 04-CM-1520, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Decided
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Overview: Evidence supported defendant's convictions for attempted threats to do bodily harm, D.C. Code ??22-407, and intent-to-frighten assault, D.C. Code ??22-404. The convictions did not merge under D.C. Code ? 23-112 because each charge required proof of an element that the other did not.

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McDowell v. Southwest Distrib., No. 05-AA-626, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Decided
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Overview: Dismissal of an unemployment benefits claimant's application for an administrative review was reversed and remanded because the record was insufficient for the reviewing court to rule on whether the claimant's application for review was timely filed under D.C. Code ? 51-111(b). Thus, an appropriate hearing on the issue was required.

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Norried v. Caribbean Contrs., Inc., No. 05-CV-453, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Decided
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Overview: Trial court's judgment in favor of a home improvement contractor in a breach of contract action by a homeowner was reversed, both as to the complaint and as to the counterclaim, and the case was remanded because the unlicensed contractor was precluded by D.C. Mun. Regs. tit. 16, ? 800.1 from accepting payments or asserting its counterclaim.

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Smith v. United States, No. 03-CF-864, No. 03-CF-1012, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Decided
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Overview: Defendants' convictions for carrying a pistol without a license in violation of D.C. Code ? 22-4504(a) were affirmed as the evidence was sufficient to establish constructive possession of a pistol in the glove compartment of an automobile which one defendant attempted to hide by keeping his knee up against the compartment door to keep it closed.

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Strickland v. Pinder, No. 04-CV-1508, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Decided
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Overview: In a malpractice case, because a decedent's mother, through an expert, failed to establish a national standard of care requiring the administration of additional tests on the decedent, specifically an aortic angiogram using dye or a magnetic resonance imaging exam with contrast material, judgment for defendants as a matter of law was appropriate.

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Teasley v. United States, No. 03-CF-1207, DISTRICT OF COLUMBIA COURT OF APPEALS, May 25, 2006, Decided
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Overview: The trial court did not err in ruling to admit the contents of two telephone calls under the excited utterance exception to the hearsay rule, as during a call to 911, the complainant spoke in an "excited tone," mumbled to himself, and did not have the wherewithal to provide his license plate number.

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