District of Columbia, September, 2005, State Case law

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State Courts - District of Columbia - September 1 - September 8, 2005

In re Spikes, No. 03-BG-803, DISTRICT OF COLUMBIA COURT OF APPEALS, September 1, 2005, Decided
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Overview: Because a lawyer brought a frivolous defamation suit despite the absolute privilege attached to complaints made to bar counsel by D.C. Bar R. XI, ? 19(a), the lawyer violated D.C. R. Prof. Conduct 3.1 and interfered with the administration of justice, in violation of D.C. R. Prof. Conduct 8.4(d); consequently, the lawyer was suspended for 30 days.

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LaPrade v. Rosinsky, No. 04-CV-15, DISTRICT OF COLUMBIA COURT OF APPEALS, September 1, 2005, Decided
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Overview: A prospective purchaser's breach of contract case that arose from a contract for the sale of property executed in 1976 was untimely under the three-year statute of limitations of D.C. Code Ann. ? 12-301(7). Even if the purchaser was not aware until a 1987 ruling that the contract had not been performed, the action, filed in 2000, was untimely.

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Pierce v. D.C. Police & Firefighters' Ret. & Relief Bd., No. 03-AA-504, DISTRICT OF COLUMBIA COURT OF APPEALS, September 1, 2005, Decided
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Overview: An administrative decision finding that a police lieutenant was permanently disabled but that she was not entitled to the more generous retirement benefits under D.C. Code Ann. ? 5-710(a) was upheld on appeal because the officer's assertion that her depressive disorder was incurred during the performance of her duty was unsubstantiated.

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Randolph v. United States, Nos. 02-CF-110 and 02-CF-442, DISTRICT OF COLUMBIA COURT OF APPEALS, September 1, 2005, Decided
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Overview: After sua sponte application of the harmless error doctrine, pursuant to D.C. Super. Ct. R. Crim. P. 52(a), only one of two defendants' convictions for murder was affirmed after the erroneous admission of a hearsay statement identifying defendants, since that one defendant's actions were supported by other testimony that he boasted of the crimes.

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Stewart v. United States, Nos. 98-CF-904 and 02-CO-1177, DISTRICT OF COLUMBIA COURT OF APPEALS, September 1, 2005, Decided
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Overview: The denial of defendant's motion to vacate sentence under D.C. Code Ann. ? 23-110, with regard to his assault conviction, was upheld on appeal where defendant failed to show that but for his counsel's alleged deficient performance in failing to challenge the delay in discovering evidence, the outcome of the trial would have been different.

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Adams v. United States, No. 03-CF-145, DISTRICT OF COLUMBIA COURT OF APPEALS, September 8, 2005, Decided
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Overview: Trial court did not err in denying defendant's D.C. Super. Ct. R. Crim. P. 12 motion to suppress two out-of-court identifications, as there was no possibility of police suggestion or witness misidentification; both eyewitnesses who identified defendant's picture had known him for several years before the relevant shooting.

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Childs v. Purll, No. 03-CV-1451, DISTRICT OF COLUMBIA COURT OF APPEALS, September 8, 2005, Decided
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Overview: A landlord was placed on constructive notice of a lead paint hazard in a rental that was leased to a mother with two children under eight years of age who contracted lead poisoning and suffered brain damage; therefore, the trial court erred by granting summary judgment to the landlord on the mother's negligence claims.

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In re Artis, No. 03-BG-211, DISTRICT OF COLUMBIA COURT OF APPEALS, September 8, 2005, Decided
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Overview: An attorney was suspended from the practice of law for 30 days for violating D.C. R. Prof. Conduct 8.4(d) and D.C. Bar R. XI, ? 2(b)(3) and a fitness requirement was denied since the attorney submitted a letter of general denial to Bar Counsel's initial inquiry as opposed to entirely ignoring the disciplinary process.

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In re N.P., Nos. 03-FS-313, 03-FS-314, 03-FS-315, and 03-FS-316, DISTRICT OF COLUMBIA COURT OF APPEALS, September 8, 2005, Decided
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Overview: Father's alcohol abuse caused violence mentally injuring mother and children and caused child neglect under former D.C. Code Ann. ? 16-2301(9)(A), (B). Mother's battered women's syndrome and severe dependency, even if not her fault, made her unable to discharge parental responsibilities due to mental incapacity under D.C. Code Ann. ? 16-2301(9)(B).

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Smith v. District of Columbia, No. 01-CV-1392, DISTRICT OF COLUMBIA COURT OF APPEALS, September 8, 2005, Decided
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Overview: In an action seeking damages for an officer's use of excessive force, using a choke hold, in breaking up a fight, expert evidence was needed for negligence claim to survive D.C. Super. Ct. R. Civ. P. 50(a)(1) motion, but department rules and officer's testimony enabled assault and battery and 42 U.S.C.S. ? 1983 claims to survive motion.

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