District of Columbia, October, 2003, State Case law

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State Courts - District of Columbia - October 23 - October 30, 2003

Bates v. United States, Nos. 97-CF-1896, 01-CO-1373 and 02-CO-839, DISTRICT OF COLUMBIA COURT OF APPEALS, October 23, 2003, Decided
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Overview: Trial court erred by accepting juror's claim that prior relationship he had with witness who accused him of hurting her child did not affect the way he judged her testimony at defendant's trial without interviewing witness to evaluate credibility.

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Casco Marina Dev., L.L.C. v. D.C. Redevelopment Land Agency, No. 02-CV-337, DISTRICT OF COLUMBIA COURT OF APPEALS, October 23, 2003, Decided
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Overview: LLC stated valid claims for tortious interference with contract or with business expectancy by alleging that District of Columbia Redevelopment Land Agency interfered with lessees' assignment of property to obtain leverage for renegotiating a lease.

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Ellis v. United States, No. 01-CF-1547, DISTRICT OF COLUMBIA COURT OF APPEALS, October 23, 2003, Decided
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Overview: A chemist's report was properly admitted at defendant's trial for distribution of cocaine because foundational testimony as to the report was not required where the four statutory factors under the Giles standard were met.

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Harris v. United States, No. 98-CF-1630, DISTRICT OF COLUMBIA COURT OF APPEALS, October 23, 2003, Decided
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Overview: Affidavit in support of search warrant in related investigation bound prosecution as admission by party opponent; exclusion of that affidavit and trial court's refusal to seek defense witness who failed to appear impermissibly prejudiced defense.

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In re Estate of Gray, No. 02-PR-864, DISTRICT OF COLUMBIA COURT OF APPEALS, October 23, 2003, Decided
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Zhang v. D.C. Dep't of Consumer & Regulatory Affairs, No. 00-AA-1489, DISTRICT OF COLUMBIA COURT OF APPEALS, October 23, 2003, Decided
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Overview: Board's decision that an engineer who was educated in China was not qualified to receive a license without an examination was reversed because board unreasonably confined its consideration of the engineer's experience to his activities in the U.S.

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Davis v. United States, No. 00-CM-479, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2003, Decided
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Overview: Impartial trier of fact could not find beyond a reasonable doubt that defendant ordered to attend a domestic violence program knew of the attendance rule he was convicted of violating, so his violation of the rule was not shown to have been willful.

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Ford v. Chartone, Inc., No. 03-DA-13, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2003, Decided
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Overview: District of Columbia appellate jurisdiction over denial of class certification was absent, despite a rule suggesting the contrary, where trial court, believing certification motion was utterly meritless, refused to certify an appeal.

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Marriott Int'l v. D.C. Dep't of Empl. Servs., No. 02-AA-1396, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2003, Decided
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Overview: Director of the District of Columbia Department of Employment Services exceeded his permissible scope of review by disregarding an administrative law judge's credibility determination, and awarding continuing medical care benefits to a claimant.

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UPS v. D.C. Dep't of Empl. Servs., No. 02-AA-1288, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2003, Decided
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Overview: Decision of Director of District of Columbia Department of Employment Services was entitled to deference. Two weeks that workers' compensation claimant participated in strike were not included in determination of claimant's average weekly wage.

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