District of Columbia, June, 2007, State Case law

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State Courts - District of Columbia - June 7 - June 11, 2007

Anthony v. United States, No. 97-CF-63, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided
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Overview: Trial court erred in overruling defense objection that prosecutor misrepresented testimony of defense witness without determining whether witness had testified as the prosecutor asserted, namely that defendant had possessed a gun, and trial court's remedial measure that jurors should rely on their recollections was insufficient to cure the error.

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Broadie v. United States, No. 00-CF-906, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided
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Overview: Refusal to instruct jury on lesser included offense of unarmed voluntary manslaughter was proper as homicide charged could not have been committed while unarmed because victim died of stab wounds caused by knife. Defendant's testimony raised issue of whether he could have safely retreated and provided basis for "no duty to retreat" instruction.

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Citizens Ass'n of Georgetown v. D.C. Bd. of Zoning Adjustment, No. 05-AA-688, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided
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Overview: District of Columbia Board of Zoning Adjustment did not err by approving a university's revised campus plan because substantial evidence supported the Board's findings and the Board's conclusions flowed rationally from those findings. However, the case was remanded for the Board to provide an explanation why uncontested conditions were eliminated.

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Gatlin v. United States, No. 03-CF-1173, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided
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Overview: Admission of decedent's grand jury testimony did not violate confrontation right as preponderance of evidence standard governed predicate facts where government sought to introduce testimony on theory defendant was liable for witness's unavailability. Defendant suffered no due process violation due to false testimony that did not affected verdict.

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In re Berger, No. 05-BG-482, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided, June 7, 2007, Filed
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In re L.H., Nos. 06-FS-84, 06-FS-156, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided
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Overview: Evidence mother slapped older child and threw her to floor resulting in transient pain and temporary mark did not support finding child suffered physical injury sufficient to establish "abuse" under D.C. Code ? 16-2301(23)(A)(i). There was no medical testimony to support finding mother had history of excessive reactions and was mentally unstable.

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In re Pasierb, No. 07-BG-412, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided, June 7, 2007, Filed
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Norris v. United States, No. 04-CO-1640, DISTRICT OF COLUMBIA COURT OF APPEALS, June 7, 2007, Decided
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Overview: Dismissal of former prisoner's claim that the United States Parole Commission was legally obligated to issue a certificate setting aside his conviction nunc pro tunc was reversed and remanded because the pleading was improperly construed by the lower court, and the merits of the claim remained to be established.

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In re Zimmerman, No. 06-BG-358, DISTRICT OF COLUMBIA COURT OF APPEALS, June 11, 2007, Filed
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