District of Columbia, November, 2003, State Case law

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State Courts - District of Columbia - November 6 - November 14, 2003

In re Holdmann, No. 00-BG-1214, DISTRICT OF COLUMBIA COURT OF APPEALS, November 6, 2003, Decided
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Overview: Because an attorney waived any objection to the recommendation of the Board on Professional Responsibility by failing to present any challenge to the Board, the appeals court followed that recommendation and publicly censured him.

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Morrison v. District of Columbia, No. 98-AA-1597, DISTRICT OF COLUMBIA COURT OF APPEALS, November 6, 2003, Decided
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Overview: Substantial evidence supported workers' compensation agency's finding that injured nurse turned down offer of a job she could have performed, but failure to address argument regarding other reasons for rejecting offer required remand.

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So v. 514 10th St. Assocs., L.P., No. 01-CV-1301, DISTRICT OF COLUMBIA COURT OF APPEALS, November 6, 2003, Decided
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Overview: Commercial tenants failed to show that cashing of check by landlord indicated accord and satisfaction in rent nonpayment case; evidence indicated tenants had notice of default and it was not improper to deny untimely motion to subpoena evidence.

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Vest v. United States, No. 00-CF-205, DISTRICT OF COLUMBIA COURT OF APPEALS, November 6, 2003, Decided
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Overview: Where a magistrate judge had authority to set pre-release conditions, a superior court judge had authority to find defendant in contempt for disobedience of the magistrate's order.

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Washington v. United States, No. 02-CO-31, DISTRICT OF COLUMBIA COURT OF APPEALS, November 6, 2003, Decided
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Overview: An inmate was procedurally barred from asserting post-conviction claim of ineffective assistance, as he was aware of the basis for this claim before he even noted his direct appeal, let alone before he filed his first motion to vacate sentence.

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Bolden v. United States, Nos. 97-CM-1589, 97-CM-1708, DISTRICT OF COLUMBIA COURT OF APPEALS, November 13, 2003, Decided
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Overview: Evidence was insufficient to convict an occupant of an apartment as an aider and abettor of drug possession because, as he was not named on the lease, his authority to admit or eject other guests was inferior to that of the lessee.

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Potomac Elec. Power Co. v. D.C. Dep't of Empl. Servs., No. 02-AA-1325, DISTRICT OF COLUMBIA COURT OF APPEALS, November 13, 2003, Decided
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Overview: In a workers' compensation proceeding, a 32 percent PPD rating assigned by an agency director, in contravention of a five percent rating assigned by an ALJ, was reversed because it was based on a medical opinion that the ALJ had explicitly rejected.

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Rodrigues-Novo v. Recchi Am., Inc., No. 02-CV-919, DISTRICT OF COLUMBIA COURT OF APPEALS, November 13, 2003, Order Filed
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Overview: District of Columbia court certified to Maryland's highest court the question of whether a multi-state transit authority was a statutory employer protected by workers' compensation exclusivity from injured worker's tort action.

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In re P.B., Docket No.: N-33-00, Social File: 213328, Docket No.: N-936-00, Social File: 215050, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, FAMILY COURT, November 14, 2003, Permanency Hearing
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Overview: In a neglect disposition where the mother and father supported the paternal aunt's request for physical placement of the children with her, due process under the Fourteenth Amendment required a finding of clear and convincing evidence that the placement served the child's best interest.

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