District of Columbia, August, 2007, State Case law

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State Courts - District of Columbia - August 16, 2007

Cook v. United States, No. 05-CO-1399, DISTRICT OF COLUMBIA COURT OF APPEALS, August 16, 2007, Decided
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Overview: It was not error to deny appellant's motion to reduce sentence under D.C. Super. Ct. R. Crim. P. 35. Appellant's sentence for unlawful possession of heroin with intent to distribute, 144 months in prison followed by five years of supervised release, fell well within the 30-year statutory maximum under D.C. Code ? 48-904.01(a)(2)(A).

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In re Verra, No. 06-BG-856, DISTRICT OF COLUMBIA COURT OF APPEALS, August 16, 2007, Decided
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Overview: Lawyer who violated D.C. R. Prof. Conduct 1.5, 1.15, 8.1, and 8.4, as well as D.C. Bar R. XI, ? 19, by mishandling client funds and by making misrepresentations to Bar Counsel, but who suffered from depression and dysthymia, had her disbarment stayed and was given three years' probation and suspended for 30 days.

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Reyes v. United States, Nos. 04-CF-198 & 04-CF-218, DISTRICT OF COLUMBIA COURT OF APPEALS, August 16, 2007, Decided
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Overview: A complaining witness's statements were properly admitted as excited utterances. They were made minutes after the witness was robbed and when he was upset; an officer's questions did not require deliberation by the witness; and the officer's substitution of a few inconsequential words for the witness's words did not make his testimony unreliable.

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Segal Wholesale, Inc. v. United Drug Serv., No. 04-CV-953, DISTRICT OF COLUMBIA COURT OF APPEALS, August 16, 2007, Decided
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Overview: Judgment as a matter of law in a breach of oral contract case was appropriate because under the parol evidence rule of D.C. Code ? 28:2-202, a retailer was not able to substantiate its claim with any admissible evidence as the prices in the wholesaler's sales invoices, which were integrated into the parties' agreement, were unambiguously specified.

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Suggs v. Lakritz Adler Mgmt., LLC, No. 06-CV-182, DISTRICT OF COLUMBIA COURT OF APPEALS, August 16, 2007, Decided
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Overview: Trial court in an action for possession only of real estate under D.C. Code ? 42-3505.01 erred by not admitting the full range of evidence the tenant sought to introduce relating to alleged housing regulation violations by the landlord.

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Wheeler v. United States, Nos. 01-CF-271 & 01-CF-387, DISTRICT OF COLUMBIA COURT OF APPEALS, August 16, 2007, Decided
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Overview: A jury instruction that the lack of fingerprint evidence could not, as a matter of law, constitute reasonable doubt impermissibly invaded the jury's exclusive province to weigh the evidence as a whole against the standard of reasonable doubt, and required reversal, D.C. Super. Ct. R. Crim. P. 52(b).

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