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   State Courts - District of Columbia - June 15, 2006

  
Carleton v. Winter, No. 04-CV-768, DISTRICT OF COLUMBIA COURT OF APPEALS, June 15, 2006, Decided
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Overview: Trial court properly found for a real estate agent as she did not make a misrepresentation or breach a fiduciary duty to homebuyers by recommending a home inspector. However, because of the possibility that negligence by the inspector amounted to gross negligence, the court erred by finding for the inspector on the buyers' negligence claim.

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Gamble v. United States, Nos. 01-CF-1091, 01-CF-1106, 03-CO-1490, and 03-CO-1569, DISTRICT OF COLUMBIA COURT OF APPEALS, June 15, 2006, Decided
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Overview: Defendant's criminal convictions were affirmed because he never made the pretrial challenge necessary to trigger the trial court's obligation to conduct an ineffective assistance of pretrial counsel inquiry, his Fourth Amendment rights were not violated by a stop and frisk search, and he failed to show ineffective assistance of trial counsel.

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Jenkins v. United States, No. 04-CM-1519, DISTRICT OF COLUMBIA COURT OF APPEALS, June 15, 2006, Decided
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Overview: Failure to call witness did not invoke "missing witness" doctrine as witness was not peculiarly available to Government and defendant did not try to call witness. While request for complainant to "come outside" was not explicit threat, reasonable person could interpret words as such in context of shouting and banging on door and prior threat made.

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Reeves v. United States, No. 04-CF-970, DISTRICT OF COLUMBIA COURT OF APPEALS, June 15, 2006, Decided
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Overview: Trial court did not abuse its discretion in predicting three assault charges would not merge and that therefore, it was inappropriate to dismiss two of three counts of possessing a firearm during commission of a violent crime (PFCV) before trial. While assaults occurred at same location, each was a separate crime for which a PFCV count was proper.

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