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| Evans-Reid v. District of Columbia, No. 00-CV-1083,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Judgment in favor of the District of Columbia and a police officer was affirmed because the evidence presented by the mother of a slain child did not, as a matter of law, provide a sufficient basis from which the jury could have found that the officer's use of deadly force was unreasonable and returned a verdict in the mother's favor.
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| Franco v. Nat'l Capital Revitalization Corp., No. 06-CV-645,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Trial court's decision to strike under D.C. Super. Ct. R. Civ. P. 12(f) a property owner's affirmative defense to a taking was reversed and remand for further proceedings because the owner sufficiently pleaded a defense of pretext based on the taking being for a private use. Therefore, the defense had to be resolved on its merits.
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| In re Courtois, No. 06-BG-1498,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Attorney's petition for reinstatement was granted, subject to reporting conditions imposed under D.C. Bar R. XI, § 16(f), because he met his burden of proving fitness to practice law as the reviewing court accepted that the attorney's efforts to negotiate a settlement with the IRS qualified as reasonable steps to make restitution.
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| In re J.H., No. 02-FS-1084,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Written confession was admissible because defendant, a juvenile, was not in custody when police interrogated him; defendant's freedom of action was not curtailed to a degree associated with a formal arrest. Prompt report by child of sexual abuse and admission to defendant's grandmother could be used as evidence corroborating defendant's confession.
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| In re Penning, Nos. 05-PR-455 & 05-PR-457,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Conservator's appointment was vacated and the case was remanded for further proceedings because the probate court abused its discretion under D.C. Code § 21-2057 as it did not appoint an incapacitated woman's husband to be her conservator based on unproven accusations and suspicions instead of actual findings of impropriety or conflict of interest.
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| Odemns v. D.C., No. 02-CV-354,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Accident victim could not pursue a personal injury claim for negligence against the District of Columbia Water and Sewer Authority because the agency owed no duty to the victim under D.C. Code § 34-2403.03(a) and the regulations thereunder for a defective water meter manhole cover that a commercial private property owner did not properly maintain.
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| Odom v. United States, No. 05-CF-967,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Convictions were affirmed because, although the trial court could have provided an appropriate remedy under D.C. Super. Ct. R. Crim. P. 16(d)(2) for the government's perceived nondisclosure of exculpatory evidence, there was not a reasonable probability that the outcome of the trial would have been different if the court had imposed a sanction.
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| Richardson v. United States, No. 02-CF-776,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Imposition of concurrent terms of probation and supervised release was vacated, and the case was remanded for reimposition of an inmate's sentence because D.C. Code § 24-403.01 did not permit concurrent terms of probation and supervised release, and in imposing a split sentence, a court was to suspend the term of supervised release in its entirety.
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| Shepherd v. D.C., No. 06-CT-807,
DISTRICT OF COLUMBIA COURT OF APPEALS, July 12, 2007, Decided
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Overview: Disorderly conduct conviction under D.C. Code § 22-1321 was reversed and remanded for an acquittal because the trial judge could not reasonably have found beyond a reasonable doubt that defendant's actions in cursing and accusing a police officer who stopped defendant of racial harassment were calculated to lead to a breach of the peace.
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