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   State Courts - District of Columbia - September 2, 2004

  
Bradley v. United States, No. 03-CM-370, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: Simple assault and cruelty to children convictions did not merge as each required element of proof other did not. Right to speedy trial was not violated as time between arrest and trial was not reasonable given normal processing time of cases.

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Bragdon v. Twenty-Five Twelve Assocs. L.P., No. 03-CV-230, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: Personal representative was entitled to statutory pre-judgment interest on jury award of compensatory damages for breach of contract for overcharges paid by decedent. It was customary to pay interest on funds that were withheld and not paid when due.

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Grant v. United States, Nos. 97-CF-866, 00-CO-1655, & 01-CO-364, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: Interstate Agreement on Detainers speedy trial provisions did not apply to inmate whose return to the District of Columbia to face charges had been procured by writ of habeas corpus ad proseguendum; therefore, charges were not subject to dismissal.

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Hager v. United States, Nos. 01-CF-594 & 01-CF-617, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: Exclusion of expert testimony on lack of correlation between confidence in and accuracy of eyewitness identifications was not error as testimony was corroborated and studied relied on by expert dealt with stranger identifications, not issue in case.

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In re Austin, No. 02-BG-786, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: Attorney was disbarred for taking advantage of a vulnerable client to obtain a series of loans from her, attempting to thwart her attempts to protect her interests, and failing to list her as a creditor in his bankruptcy.

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In re Estate of Blake, No. 01-PR-935, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: District of Columbia law determined whether joint bank accounts belonged to estate. Case was remanded to consider District of Columbia Nonprobate Transfers on Death Act of 1999, which became effective shortly before trial court rendered its decision.

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Mercer v. United States, Nos. 01-CF-330 & 01-CO-1122, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided ** The decision in this case was originally released as a Memorandum Opinion and Judgment. The court has granted appellee's motion to publish.
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Overview: Fact that former co-defendant testified for prosecution at defendant's second murder trial did not affect admissibility of prior statements of unavailable witnesses and record showed counsel adequately prepared for that testimony.

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Scoville St. Corp. v. Dist. TLC Trust, 1996, No. 03-CV-250, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: Purchaser's motion for a judgment on the pleadings was properly treated as a motion for summary judgment as both the purchaser and the property owner attached matters outside the motion to their pleadings.

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Spring Valley - Wesley Heights Citizens Ass'n v. D.C. Zoning Comm'n, No. 02-AA-575, DISTRICT OF COLUMBIA COURT OF APPEALS, September 2, 2004, Decided
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Overview: Campus land use plan was remanded so that zoning commission could address in writing recommendations made by an advisory neighborhood commission regarding off-campus parking for a university's students and employees.

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