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   State Courts - District of Columbia - July 22 - July 29, 2004

  
Donaldson v. United States, No. 01-CF-616, DISTRICT OF COLUMBIA COURT OF APPEALS, July 22, 2004, Decided
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Overview: When jury convicted defendant of voluntary manslaughter as lesser-included offense, after being instructed on "misdemeanor" involuntary manslaughter, erroneous refusal to instruct on alternate involuntary manslaughter basis did not warrant new trial.

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Forte v. United States, Nos. 97-CF-1682 and 02-CO-998, DISTRICT OF COLUMBIA COURT OF APPEALS, July 22, 2004, Decided
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Overview: Defendant's suppression motion was properly denied; although defendant was in custody at the time of the showup this did not render the identification impermissibly suggestive.

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In re Cappell, No. 04-BG-281, (BDN251-99), DISTRICT OF COLUMBIA COURT OF APPEALS, July 22, 2004, Decided
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Overview: Attorney's disbarment for misappropriation of trust funds was stayed as he suffered from a major depression at the time of the conduct, the conduct would not have occurred but for the depression, and he was in mental health treatment.

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In re H.B., No. 03-FS-269, DISTRICT OF COLUMBIA COURT OF APPEALS, July 22, 2004, Decided
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Overview: Trial court properly approved adoption of child by maternal aunt without mother's consent where mother had loving relationship with child and there was no evidence of child's opinion. Mother's drug addiction weighed heavily in favor of adoption.

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In re Kitchings, No. 99-BG-1023, DISTRICT OF COLUMBIA COURT OF APPEALS, July 22, 2004, Filed
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Overview: Attorney was suspended for 18 months with a fitness requirement where he stipulated to 15 charges, he did not have a prior disciplinary history, he recognized his mistakes, and he voluntarily ceased to practice law.

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Nellson v. Bayly, No. 04-OA-24, No. 04-SS-512, DISTRICT OF COLUMBIA COURT OF APPEALS, July 22, 2004, Filed
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Overview: Based on an individual's request, the governing standards justifying closure of a protected judicial proceeding and the sealing of criminal court records were reiterated; the appellate court adhered to its denial of mandamus.

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In re Doe, No. 01-SP-894, DISTRICT OF COLUMBIA COURT OF APPEALS, July 29, 2004, Decided
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Overview: A court properly ordered a sex offender to register as a Class B sex offender pursuant to the District of Columbia's Sex Offender Registration Act. His federal sex offense was "substantially similar" to conduct described by two D.C. Code offenses.

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In re Walker, No. 97-FM-734, No. 98-FM-1908, DISTRICT OF COLUMBIA COURT OF APPEALS, July 29, 2004, Decided
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Overview: A mental hospital violated a patient's due process rights by forcibly injecting her with an antipsychotic drug without following appropriate procedures. Patient's refusal to take her medication did not subject her to commitment under the Ervin Act.

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Providence Hosp. v. D.C. Dep't of Empl. Servs., No. 03-AA-129, DISTRICT OF COLUMBIA COURT OF APPEALS, July 29, 2004, Decided
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Overview: District of Columbia Department of Employment Services erred when it awarded attorney's fees to employee who rejected claims examiner's recommendation that her claim for additional workers' compensation benefits be denied, and sought formal review.

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York Apts. Tenants Ass'n v. D.C. Zoning Comm'n, No. 02-AA-1061, DISTRICT OF COLUMBIA COURT OF APPEALS, July 29, 2004, Decided
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Overview: Association that represented tenants who lived across the street from a location where a university wanted to construct a facility lacked standing to challenge an order issued by the District of Columbia Zoning Commission which approved the facility.

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