District of Columbia, November, 2003, State Case law

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State Courts - District of Columbia - November 20 - November 26, 2003

Blackmon v. United States, No. 01-CM-1157, DISTRICT OF COLUMBIA COURT OF APPEALS, November 20, 2003, Decided
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Overview: Defendant could not contest illegal seizure of passenger, which led to officer seeing drugs in plain view, providing probable cause to arrest defendant as driver of car. His jacket was then searched incident to a lawful arrest, revealing drugs.

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Burton v. District of Columbia, No. 01-CV-1195, DISTRICT OF COLUMBIA COURT OF APPEALS, November 20, 2003, Decided
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Overview: Trial court did not abuse its discretion by dismissing employee's action against District of Columbia because employee did not exhaust his administrative remedies, even though District did not raise issue of exhaustion in joint pretrial statement.

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McPherson-Corder v. Chinkhota, No. 00-CV-910, DISTRICT OF COLUMBIA COURT OF APPEALS, November 20, 2003, Decided
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Overview: Missing witness instruction was properly given to jury where evidence established doctor had ability to identify, locate, and produce student who was present during examination of patient and student could have provided testimony regarding exam.

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Worjloh v. Stephens, No. 00-CV-975, DISTRICT OF COLUMBIA COURT OF APPEALS, November 20, 2003, Decided
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Overview: Evidence that motorist incurred $ 2,485 in medical bills after his car was hit in the rear warranted some recovery from driver who admitted liability, and trial court erred by denying motorist's motion for new trial after jury awarded no damages.

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Bryan v. United States, No. 03-CO-819, DISTRICT OF COLUMBIA COURT OF APPEALS, November 26, 2003, Filed
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Overview: Where the underlying charges were dismissed and the parties provided cogent reasons to vacate an order to hold defendant without bond until trial, the motion to vacate was granted to protect defendant from the collateral effects thereof.

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Butler v. United States, Nos. 00-CO-14, 02-CO-688 & 02-CO-677, DISTRICT OF COLUMBIA COURT OF APPEALS, November 26, 2003, Decided
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Overview: Although defense counsel was concededly deficient and unethical in failing to move to withdraw guilty plea and pretending she had, appellant was not entitled to post-conviction relief because even plea withdrawal would not have changed outcome.

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Ex parte in re A. C. G., Adoption Case No. A-230-'00, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, FAMILY COURT, November 26, 2003, Decided
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Overview: Court granted 78-year-old paternal great aunt's petition to adopt her nephew's 7-year-old daughter based on clear and convincing evidence of daughter's best interests. Aunt provided for daughter bonding, social work training and experiences, educational, extracurricular, and church activities, and backup caretakers and financing if aunt died.

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In re Powell, No. 01-BG-485, BDN77-01, DISTRICT OF COLUMBIA COURT OF APPEALS, November 26, 2003, Decided
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Overview: Where an attorney was convicted of misdemeanor drawing a check on insufficient funds, the offense did not involve moral turpitude; as a result, the attorney was suspended for 30 days and a reciprocal proceeding dismissed as moot.

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Russell v. HUD, No. 02-CV-21, DISTRICT OF COLUMBIA COURT OF APPEALS, November 26, 2003, Decided
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Overview: Where HUD did not attempt personal service on a tenant before posting and mailing a notice to quit, HUD had to begin the process of eviction again.

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