District of Columbia, July, 2006, State Case law

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State Courts - District of Columbia - July 20 - July 24, 2006

Ball v. Arthur Winn Gen. P'shp/S. Hills Apts., No. 05-CV-259, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Decided
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Overview: Judgment of possession in favor of the landlord was reversed because the trial judge's instructions did not focus the jury, in accordance with applicable judicial precedent, on landlord's burden to prove that any drug activity for which the tenant was responsible continued at the time of the trial, as required by language in D.C. Code ? 42-3602.

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Calhoun v. Wackenhut Servs., No. 05-AA-481, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Decided
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Overview: District of Columbia Office of Administrative Hearings erred by finding that an appeal by an applicant for unemployment benefits was not timely filed under D.C. Code ? 51-111(b), because the appeal was made by fax without a hard copy, as the agency failed to recognize the ambiguity created by misleading advice to the applicant about appeal rights.

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Copeland v. Cohen, No. 04-CV-33, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Decided
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Overview: Trial court erred in granting summary judgment in favor of property owners in a breach of contract action involving an option to purchase the property. Tenant's affidavit stating his attempts to timely exercise the option were thwarted by the owners created a genuine issue of fact as to the issue of timeliness that had to be resolved in a trial.

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In re Klein, No. 03-BG-761, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Decided
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Overview: Attorney's objection to public censure as a reciprocal sanction to the public reprimand imposed in Maryland for his violation of Md. R. Prof. Conduct 1.4 failed. Public censure under the District of Columbia's attorney discipline system was the lowest possible sanction and was the equivalent of Maryland's public reprimand.

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In re Long, No. 04-BG-883, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Decided
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Overview: Attorney, who admitted incompetence in representing client's interest and engaging in conflict of interest without full disclosure, was suspended from practice for thirty days, stayed in favor of probation after appellate court found attorney remained unblemished for 20 years, violation occurred in personal context and was not likely to recur.

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Marquez v. United States, No. 03-CM-1541, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Filed
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Osborne v. Howard Univ. Physicians, Inc., Nos. 04-CV-951 & 04-CV-1120, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Decided
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Overview: Trial court properly awarded judgment in favor of a university faculty practice plan administrator as a professor's execution of a new employment agreement with the university for which he was a professor was not the product of duress. Further, under the agreement's terms, the professor waived his breach of contract claim against the administrator.

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Wilson-Bey v. United States, Nos. 01-CF-293 and 01-CF-633, DISTRICT OF COLUMBIA COURT OF APPEALS, July 20, 2006, Decided
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Overview: Instruction regarding intent for first-degree premeditated murder while armed (D.C. Code ?? 22-2101, -4502) was erroneous; in any prosecution for premeditated murder, whether defendant was charged as principal or as an aider or abettor, government had to prove all elements of the offense, including premeditation, deliberation, and intent to kill.

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Indus. Bank, N.A. v. Saunders, Civil Action No. 06-0000001, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, July 24, 2006, Decided
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