District of Columbia, September, 2003, State Case law

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State Courts - District of Columbia - September 4 - September 11, 2003

Bryan v. United States, No. 03-CO-819, DISTRICT OF COLUMBIA COURT OF APPEALS, September 4, 2003, Decided
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Overview: Substantial probability that defendant committed assault with intent to murder while armed supported a pretrial detention order where a detective testified that an accomplice witness stated that he and defendant were two of the victims' assailants.

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Chatman v. Lawlor, No. 01-CV-854, No. 01-CV-861, DISTRICT OF COLUMBIA COURT OF APPEALS, September 4, 2003, Decided
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Overview: Sufficient evidence supported a decision to award punitive damages against a tortfeasor who participated in a fraudulent conveyance of a judgment debtor's assets, but the amount of award was reversed pending determination of tortfeasor's net worth.

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Lee v. United States, No. 02-CM-45, DISTRICT OF COLUMBIA COURT OF APPEALS, September 4, 2003, Decided
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Overview: Defendant was properly convicted of assault and cruelty to children where she hit daughter with wooden dowel because the daughter failed to attend her son's day care luncheon. Government proved grave risk of bodily injury and intent to do the act.

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Agbaraji v. Aldridge, No. 02-TX-652, DISTRICT OF COLUMBIA COURT OF APPEALS, September 10, 2003, Decided
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Overview: Trial court properly dismissed, for lack of subject matter jurisdiction, property owner's complaint seeking removal of tax lien where tax had not been paid and more than six months had elapsed from date of the assessment until the filing of suit.

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George Washington Univ. v. D.C. Bd. of Zoning Adjustment, No. 02-AA-172, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2003, Decided
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Overview: Although university students were protected against housing discrimination under District of Columbia law, this did not invalidate zoning regulations that permitted placement of limits on student numbers in residential neighborhoods near campuses.

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In re Public Defender Serv., No. 03-SS-356, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2003, Decided
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Overview: Trial court erred by finding that conversation attorney had with client after witness was allegedly coerced into recanting statements were subject to crime-fraud exception to attorney-client privilege and ordering attorney to testify to grand jury.

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In re Tidwell, No. 99-BG-1569, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2003, Decided
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Overview: Attorney was disbarred after he pled guilty in New York to leaving scene of fatal car accident without reporting it; Board of Professional Responsibility concluded his failure to stop after hitting the victim violated generally accepted moral code.

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In re Zdravkovich, No. 01-BG-96, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2003, Decided
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Overview: Under a reciprocal disciplinary proceeding, the attorney was suspended for nine months from the practice of law. He was afforded a full hearing before a trial judge in Maryland and those findings and conclusions were properly relied upon.

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Lincoln Hockey, LLC v. D.C. Dep't of Empl. Servs., No. 02-AA-735, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2003, Decided
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Overview: Workers' compensation award was vacated where court was unable to reconcile hearing examiner's rejection of physician's testimony concerning damages to cervical discs with acceptance of opinion that head and shoulder impact caused headaches.

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Oliver v. United States, No. 00-CM-1359, DISTRICT OF COLUMBIA COURT OF APPEALS, September 11, 2003, Decided
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Overview: The trial court correctly denied defense counsel's motion to withdraw; even if counsel was remiss in failing to discuss the diversion program with defendant, that did not matter because defendant was not eligible for diversion.

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