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   State Courts - District of Columbia - July 19, 2007

  
Dennis v. Jones, No. 04-CV-841, DISTRICT OF COLUMBIA COURT OF APPEALS, July 19, 2007, Decided
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Overview: Trial court's failure to give an assumption of risk instruction was harmless because there was no appreciable likelihood that the jury--which rejected a contributory negligence defense--would have found that a surgery patient assumed the risk from continuing to smoke if the jury had been given the standard jury instruction on assumption of risk.

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District of Columbia v. Craig, No. 06-TX-177, No. 06-TX-178, DISTRICT OF COLUMBIA COURT OF APPEALS, July 19, 2007, Decided
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Overview: Relief that trial court awarded regarding property tax assessments for a given fiscal year was improper; underlying lawsuits were for declaratory and injunctive relief, and violated District of Columbia Anti-Injunction Act, D.C. Code § 47-3307 (Act), because most of the lawsuits were not refund suits and neither of two exceptions to Act applied.

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Downing v. United States, Nos. 01-CF-1357 & 01-CF-1603, DISTRICT OF COLUMBIA COURT OF APPEALS, July 19, 2007, Decided
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Overview: Sufficient evidence existed to support defendant's convictions for carjacking and first-degree premeditated murder under D.C. Code §§ 22-2903 and 22-2401 (recodified at D.C. Code §§ 22-2803 and 22-2101), and defendant's Confrontation Clause rights were not violated by the prior admission of the videotaped statement of a witness who testified.

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In re Kinnane, No. 06-BG-372, DISTRICT OF COLUMBIA COURT OF APPEALS, July 19, 2007, Decided
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Overview: Because an attorney was disbarred in other jurisdictions for improperly splitting a fee, felony theft, and conduct that involved dishonesty and misrepresentation, pursuant to D.C. Bar R. XI, § 11(c), (f), the attorney was disbarred from the practice of law in the District of Columbia as an identical reciprocal disciplinary matter.

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Shelton v. United States, NO. 05-CM-1552, DISTRICT OF COLUMBIA COURT OF APPEALS, July 19, 2007, Decided
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Overview: Cocaine found on defendant was inadmissible as the product of an unreasonable search and seizure in violation of the Fourth Amendment because the government's evidence failed to show that a police officer had probable cause to order defendant's arrest for unlawful possession of a controlled substance in violation of D.C. Code § 48-904.01(d).

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Wilkins v. Ferguson, Nos. 05-FM-1555 and 05-FM-1556, DISTRICT OF COLUMBIA COURT OF APPEALS, July 19, 2007, Decided
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Overview: Trial court erred in granting to the former husband unsupervised visitation with his biological daughter, as its order that did so did not recite the relevant statutory provisions, including those regarding intrafamily offenses, D.C. Code § 16-914(a-1) and D.C. Code § 16-1005(c-1), and was not supported by evidence in the record.

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