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   State Courts - District of Columbia - August 5, 2004

  
Bausch v. D.C. Police & Firefighters' Ret. & Relief Bd., No. 01-AA-732, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Calculation of firefighter's disability retirement annuity was reversed because retirement board lacked substantial evidence that the four jobs it relied on to determine the annuity were available positions that the firefighter was qualified to fill.

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In re Bettis, No. 02-BG-1285, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Where an attorney had been disbarred for commingling funds and years later, after being reinstated, he was again disciplined for mishandling funds, public censure was insufficient. He was placed on probation and subject to a practice monitor.

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In re Charles, No. 03-BG-800, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Attorney was suspended from practice of law in District of Columbia for a 30-day period after committing numerous violations of the District of Columbia Rules of Professional Conduct, including failing to provide competent representation to a client.

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In re Coates, No. 03-BG-1084, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Where no exceptions were filed to a recommendation as to an attorney's suspension in a reciprocal disciplinary matter, a reviewing court adopted the recommendation under a heightened standard of deference.

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In re McClain, No. 03-BG-285, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Attorney was suspended from practice of law in District of Columbia for six-month period as reciprocal discipline where attorney wrote check on Maryland trust account, which reduced its balance to $ 300 below escrowed funds belonging to third party.

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In re Rivlin, No. 02-BG-1178, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Attorney was disbarred and ordered to pay restitution after he, inter alia, commingled funds entrusted to him by clients with personal funds, wrote checks from trust account against insufficient funds, and used trust funds to pay personal expenses.

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In re T.T.C., Nos. 02-FS-136, 02-FS-152 and 02-FS-153, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Trial court did not err in adjudicating children as neglected because father's inability to protect children when emergency occurred was the required "nexus" between his incarceration and inability to discharge his responsibilities to his children.

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Jackson v. United States, No. 01-CM-1499, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Court properly admitted evidence of other "bad acts" or "Drew" evidence because it was offered to prove defendant's knowledge that compact discs were counterfeit. "Knowledge" was a legitimate purpose for which other crimes evidence could be admitted.

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Orius Telcoms., Inc. v. D.C. Dep't of Empl. Servs., No. 03-AA-390, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: Imposition of a penalty for late payment of the compensation award did not violate the employer's and the insurer's rights to due process because it was undisputed that the compensation order was mailed to (and received by) their counsel of record.

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Wash. Gas Light Co. v. D.C. PSC, No. 03-AA-788, DISTRICT OF COLUMBIA COURT OF APPEALS, August 5, 2004, Decided
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Overview: District of Columbia regulatory commission had jurisdiction to deny utility's request to close neighborhood payment center, and substantial evidence supported decision that lower-income residents needed place to pay bills in cash.

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