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| Capital One Bank v. Taylor, Case No. 04sc11952,
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, July 14, 2005, Decided , July 14, 2005, Filed
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Overview: Magistrate properly entered a default against a creditor, as the creditor failed to file a statement of claim which satisfied the requirements of D.C. Super. Ct. R. Sm. Cl. 3; however, the magistrate erred in calculating damages, as the creditor challenged the amount claimed by the bank, and the bank failed to adequately support its claim.
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| Griffin v. United States, No. 04-CM-849,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 14, 2005, Decided
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Overview: After having to chase defendant to effect valid investigatory stop, police did not convert stop into arrest merely by restraining his ability to again run away. He was not in custody for Miranda purposes, so statements and evidence were properly not suppressed; he was properly convicted of marijuana possession under D.C. Code Ann. § 48-904.01(d).
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| In re T.M.J., Nos. 04-FS-987, 04-FS-988, 04-FS-1663, ADA-276-01, DRB-515-02, NEG-261-99,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 14, 2005, Decided
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Overview: The Interstate Compact on the Placement of Children, D.C. Code Ann. § 4-1422 et seq. (2001), barred placement of the child with the grandmother in Maryland. Maryland's refusal to approve placement of the child with the grandmother barred the trial court from ordering that disposition.
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| Joseph v. United States, Nos. 99-CF-979, 99-CO-1555 & 03-CO-1425,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 14, 2005, Decided
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Overview: Defendant was entitled to and improperly denied evidentiary hearing on D.C. Code Ann. § 23-110 motion to vacate sentence due to alleged failure of attorney to advise him not to withdraw a favorable guilty plea; though evidence showed defendant maintained desire to go to trial, factual dispute existed on whether he had advice to maintain the plea.
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| News World Communs., Inc. v. Thompsen, No. 04-CV-346,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 14, 2005, Decided
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Overview: The trial court erred in denying a newspaper's post-trial motions after a jury awarded damages to plaintiff on unjust enrichment claims; the statute of limitations for unjust enrichment began to run when plaintiff's last service had been rendered and compensation had been wrongfully withheld, and the claim was not timely filed under that standard.
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| Richardson v. Easterling, No. 04-FM-159,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 14, 2005, Decided
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Overview: Dismissal of the doctor's allegations of stalking was error as the former lover had committed "acts punishable as a criminal offense" within the meaning of the Intrafamily Offenses Act, D.C. Code Ann. § 16-1001(5), when he engaged in conduct with the intent to cause emotional distress to the doctor by willful, malicious, and repeated harassment.
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| Stroman v. United States, No. 04-CM-495,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 14, 2005, Decided
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Overview: Evidence that defendant struck victim with flip flop after fight between them ended supported denial of self-defense theory in conviction for assault under D.C. Code Ann. § 22-404; conviction for attempted possession of dangerous weapon was reversed as flip flop sandal was not a prohibited weapon as matter of law under D.C. Code Ann. § 22-4514(b).
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| Va. Acad. of Clinical Psychologists v. Group Hospitalization & Med. Servs., No. 03-CV-392, CA-9400-98,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 14, 2005, Decided
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Overview: Trial court properly granted summary judgment to defendants as to common law fraud claims by insurance subscribers; the subscribers failed to show that defendants breached the contract as to the number of mental health treatment sessions that were allowed or that the company induced them to switch to a more expensive policy.
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