District of Columbia, July, 2008, State Case law

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State Courts - District of Columbia - July 17, 2008

Brown v. United States, Nos. 03-CF-200 & 04-CO-1458, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: Defendant's convictions were reversed, and the case was remanded for a new trial because the error under the Confrontation Clause of the Sixth Amendment in preventing counsel from asking a witness about threats a person attending the trial may have made against the witness, both before and during trial, was not harmless beyond a reasonable doubt.

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District of Columbia v. Fitzgerald, No. 05-CT-1428, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Filed
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Overview: In case in which District of Columbia sought review of defendant's allegedly unauthorized sentence for DUI, while it was noted that D.C. Code ? 11-721(a)(1) gave Court of Appeals jurisdiction of appeals from all final orders and judgments of Superior Court, District was permitted to have appellate brief considered as petition for writ of mandamus.

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Hegwood v. Chinatown CVS, Inc. , No. 07-AA-577, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: A decision finding that a claimant was ineligible for unemployment benefits under D.C. Code ? 51-110 for engaging in gross misconduct was reversed on appeal as there was no evidence that she violated any written rule of the employer regarding allowing others to use her discount card that amounted to gross misconduct.

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In re Fountain, No. 07-BG-377, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: As there was a rebuttable presumption favoring the nearly automatic imposition of identical reciprocal discipline, there was nothing to indicate that reciprocal discipline was inappropriate, and there was no exception by the parties, the court accepted the recommendation of disbarment under D.C. Bar R. XI, ? 11.

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In re Hilson, No. 07-BG-413, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: After an attorney had been indefinitely suspended in Massachusetts under Mass. Sup. Jud. Ct. R. 4:01, ? 18(2)(b) for dishonestly converting funds he was required to hold in trust, substantially different reciprocal discipline of disbarment under D.C. Bar R. XI, ? 11 was imposed based on a finding of an intentional conversion of client funds.

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In re Hoover-Hankerson, No. 04-BG-838, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: Because an attorney's conviction of conspiracy to defraud the United States was inherently a crime of moral turpitude, D.C. Code ? 11-2503(a) mandated her disbarment.

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In re Landfield, No. 04-BG-1527, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: Attorney was suspended from the practice of law in the District of Columbia for six months as he was sanctioned for a net of six months for four violations of the New Jersey Rules of Professional Conduct, and his failure to file any exception to the Board's reports was treated as a concession that a reciprocal suspension was warranted.

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In re Mitrano, No. 07-BG-656, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: An attorney was disbarred as a result of misappropriating a government refund check belonging to his client and, thus, violated D.C. Bd. Prof. Resp. R. 8.4(b), 8.4(c), 1.15(a), 1.15(b), 1.15(c), 1.19(a), and 1.4(a) by failing to inform the client of the receipt of the check and lacking a good faith belief that he was entitled to its entirety.

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In re Sawyer, No. 07-BG-886, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: The recommendation by the District of Columbia Board of Professional Responsibility of reciprocal discipline for an attorney who had been suspended in another state was adopted because a three-year suspension was within the range of sanctions that would be imposed in the District of Columbia for a violation of D.C. R. Prof. Conduct 8.4(b).

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In re Steinberg, No. 06-BG-1393, DISTRICT OF COLUMBIA COURT OF APPEALS, July 17, 2008, Decided
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Overview: Following attorney's disbarment in Maryland for, inter alia, serious and protracted acts of neglect during his representation of two clients in separate probate and bankruptcy matters, reciprocal discipline of disbarment was imposed in the District of Columbia (D.C.) under D.C. Bar R. XI, ? 11 as such actions constituted misconduct in D.C. as well.

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