District of Columbia, September, 2004, State Case law

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State Courts - District of Columbia - September 16 - September 28, 2004

In re Blum, No. 03-BG-389, DISTRICT OF COLUMBIA COURT OF APPEALS, September 16, 2004, Decided
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Overview: Where an attorney was disbarred in Maryland for failing to return money to a former client, falsifying evidence, and lying to the bar counsel and the court, the attorney was disbarred in the District of Columbia as reciprocal discipline.

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Newsome v. District of Columbia, No. 02-CV-753, DISTRICT OF COLUMBIA COURT OF APPEALS, September 16, 2004, Decided
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Overview: Summary judgment in favor of District of Columbia on former chief ALJ's claim of improper termination was proper; the ALJ was not covered by statutory protections afforded to federally appointed ALJs.

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Taylor v. Akin, Gump, Strauss, Hauer & Feld, L.L.P., No. 98-CV-739, DISTRICT OF COLUMBIA COURT OF APPEALS, September 16, 2004, Decided
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Overview: Tenant was not a member of either the District or the federal classes certified and was not entitled to any of the damages recovered in the suits as she was evicted more than a year before the class certification motions were filed.

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Williams v. United States, No. 01-CF-278, DISTRICT OF COLUMBIA COURT OF APPEALS, September 16, 2004, Decided
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Overview: Defendant was properly convicted of child sexual abuse based almost entirely on five-year-old victim's testimony; there was no error in allowing victim to testify out of defendant's presence, given her agitated state.

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Williams v. United States, No. 01-CF-612, DISTRICT OF COLUMBIA COURT OF APPEALS, September 16, 2004, Decided
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Overview: Jury instructions given in response to two notes from jury did not constitute plain error as there was no likelihood that the instruction diluted the government's burden and created the possibility the jury would improperly convict defendant.

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Williams v. United States, No. 98-CF-533, DISTRICT OF COLUMBIA COURT OF APPEALS, September 16, 2004, Decided
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Overview: Defendant's conspiracy conviction was reversed as erroneously admitted statements were used to strengthen otherwise less than compelling proof of guilt. The jury did not know that certain of the statements were made pursuant to plea agreements.

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Harrar v. Harrar, CASE NO. DRB-3952-88, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, FAMILY COURT, September 20, 2004, Decided
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Overview: Wife's motion for modification of District of Columbia child support order was denied because court did not have continuing, exclusive jurisdiction, pursuant to Uniform Interstate Family Child Support Act, D.C. Code Ann. ?? 46-301.01 to 46-309.01 (2001), to modify order where neither the parties nor the children lived in the District of Columbia.

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Compton v. D.C. Bd. of Psychology, No. 02-AA-1416, DISTRICT OF COLUMBIA COURT OF APPEALS, September 23, 2004 Decided
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Overview: A court reversed the DC Board of Psychology's decision to revoke a psychologist's license based on allegations of sexual misconduct because the ruling was not based on substantial evidence, but on deposition testimony of otherwise available patient.

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Citizens Comm. for the D.C. Video Lottery Terminal Initiative v. D.C. Bd. of Elections & Ethics, No. 04-AA-957, DISTRICT OF COLUMBIA COURT OF APPEALS, September 28, 2004, Decided
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Overview: Once District of Columbia's election board determined from substantial evidence that all petitions collected by circulator group were tainted by fraud and forged signatures, it acted within its powers in rejecting all petitions gathered by the group.

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Eldridge v. District of Columbia, No. 03-CV-1240, DISTRICT OF COLUMBIA COURT OF APPEALS, September 28, 2004, * Decided* The decision in this case was originally released as a Memorandum Opinion and Judgment on September 28, 2004. It is now being published by direction of the court.
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Overview: Trial court properly dismissed plaintiff's complaint against District of Columbia for failure to effect proper service of process, where the papers were not signed for and received by the specific employees designated to receive service of process.

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