District of Columbia, July, 2008, State Case law

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State Courts - District of Columbia - July 31, 2008

Banks v. United States, No. 07-CF-127, DISTRICT OF COLUMBIA COURT OF APPEALS, July 31, 2008, Decided
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Overview: Defendant was properly convicted of violating 40 U.S.C.S. ? 6134 due to discharging a flare gun on the front plaza of the United States Supreme Court because although the term "firework" was not defined in ? 6134, the flare gun fell within the dictionary definition as it was a signaling device and the projectile caused a flame when it was ejected.

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Bolton v. Bernabei & Katz, PLLC, Nos. 05-CV-642 and 05-CV-860, DISTRICT OF COLUMBIA COURT OF APPEALS, July 31, 2008, Decided
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Overview: Arbitration award for a law firm that a client pay the firm legal fees was affirmed because (1) the evidentiary rulings did not deprive the client of a fair hearing under D.C. Code ? 16-4311(a)(4); and (2) the arbitrators did not exceed their powers under D.C. Code ? 16-4311(a)(3) as the client was bound to arbitrate under the retainer agreement.

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Burgess v. United States, No. 05-CF-177, DISTRICT OF COLUMBIA COURT OF APPEALS, July 31, 2008, Decided
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Overview: Because defendant failed to identify his expert, the expert's qualifications, and the particular opinions to be rendered (together with the bases for the opinions), the trial court did not abuse its discretion in denying his motion in limine. The trial judge had virtually no useful information regarding the proposed expert.

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In re Wilson, No. 08-BG-375, DISTRICT OF COLUMBIA COURT OF APPEALS, July 31, 2008, Decided
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Overview: Attorney was disbarred for her violation of D.C. R. Prof. Conduct 1.15(a), 3.3(a)(1), 8.1(b), and 8.4(c) and (d) and D.C. Bar R. XI, ? 2 (b)(3) because the attorney intentionally misappropriated funds from the estate of her ward and falsified documents to avoid detection; the attorney also failed to cooperate with the disciplinary proceedings.

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Scott v. United States, No. 04-CF-402, DISTRICT OF COLUMBIA COURT OF APPEALS, July 31, 2008, Decided
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Overview: Defense counsel was properly precluded from cross-examining victim about relationship with another person because there was no evidence to support defendant's claim victim's injuries were result of her having engaged in rough sex with another person. Victim's six-year-old son was competent to testify and use of leading questions was permissible.

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Wash. Convention Ctr. Auth. v. Johnson, Nos. 04-CV-193 and 04-CV-387, DISTRICT OF COLUMBIA COURT OF APPEALS, July 31, 2008, Decided
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Overview: Employee was awarded judgment in an action against his employer and supervisor because the employee produced sufficient evidence to show discriminatory intent for a claim of age discrimination, under D.C. Code ? 2-1402.11(a)(1), despite the employer's and the supervisor's business-based explanations for the termination of the employee.

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