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   State Courts - District of Columbia - September 30 - October 7, 2004

  
Alfaro v. United States, No. 01-CM-394, DISTRICT OF COLUMBIA COURT OF APPEALS, September 30, 2004, Decided
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Overview: Convictions for attempted cruelty to children and assault did not violate Double Jeopardy Clause as attempt to inflict mental or emotional pain or suffering on a child, if extreme or unreasonable, constitutes cruelty to children, but not assault.

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Douglas v. United States, No. 02-CM-314, DISTRICT OF COLUMBIA COURT OF APPEALS, September 30, 2004, Decided
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Overview: Where the self-defense evidence to which defendant pointed was simply his own testimonial account of a confrontation, any error by the trial judge in appreciating the legal sufficiency of the testimony was harmless.

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Pearsall v. United States, No. 02-CO-1009, DISTRICT OF COLUMBIA COURT OF APPEALS, September 30, 2004, Decided
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Overview: Duties of appointed post-conviction counsel in District of Columbia included filing of appeals from denials of post-conviction relief if requested to do so by a client.

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Gonzalez v. United States, No. 03-CM-73, DISTRICT OF COLUMBIA COURT OF APPEALS, October 7, 2004, Decided
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Overview: Evidence was insufficient to convict defendant of malicious destruction of property as malice was an element of the offense and the trial court found that defendant was negligent before his collision with a bicycle.

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In re Calabrese, No. 04-BG-1131,, DISTRICT OF COLUMBIA COURT OF APPEALS, October 7, 2004, Filed
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In re Douglass, No. 03-BG-538, (BDN359-00), DISTRICT OF COLUMBIA COURT OF APPEALS, October 7, 2004, Decided
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Overview: Where Bar counsel did not prove by clear and convincing evidence that an attorney convinced his former client to settle his potential malpractice liability when she was unrepresented, a violation of the applicable disciplinary rule was not sustained.

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In re Hardwick, No. 03-BG-191, DISTRICT OF COLUMBIA COURT OF APPEALS, October 7, 2004, Decided
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Overview: An attorney who was suspended indefinitely from practicing law in Maryland received the same sanction, based on a court's limited scope of review in uncontested disciplinary proceedings and the presumption in favor of identical reciprocal discipline.

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In re Morrell, No. 03-BG-1273,, DISTRICT OF COLUMBIA COURT OF APPEALS, October 7, 2004, Decided
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Overview: Even though he had never been ordered to make restitution to law firm that had made large payments to clients to restore funds stolen by him, disbarred attorney could not petition for reinstatement without making or offering restitution.

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Wash. Hosp. Ctr. v. D.C. Dep't of Empl. Servs., No. 03-AA-822, DISTRICT OF COLUMBIA COURT OF APPEALS, October 7, 2004, Decided
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Overview: Workers' compensation claimant's notice to her employer that her illness was work-related was timely as a causal relationship between her mesothelioma and her work was not established until she received reports documenting asbestos at her workplace.

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