District of Columbia, December, 2003, State Case law

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State Courts - District of Columbia - December 4 - December 11, 2003

Bushong v. Park, No. 02-CV-633, DISTRICT OF COLUMBIA COURT OF APPEALS, December 4, 2003, Decided
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Overview: In a negligence action stemming from an automobile accident in which a man was paralyzed, the case was properly sent to the jury because it turned on witness credibility and disputed facts, thus precluding a judgment as a matter of law.

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In re Ain, No. 02-BG-270, BDN67-02, DISTRICT OF COLUMBIA COURT OF APPEALS, December 4, 2003, Decided
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Overview: Where an attorney's gross dereliction and misappropriation of funds constituted misconduct and where she received actual knowledge of the charges and was afforded due process in an out-of-state proceeding, reciprocal disbarment was warranted.

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In re J.W., No. 02-FS-243, DISTRICT OF COLUMBIA COURT OF APPEALS, December 4, 2003, Decided
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Overview: Where a father was convicted of sexually abusing his two year-old daughter's four year-old half-sister, the mother's stipulation of neglect as to the two year-old did not divest the trial court of jurisdiction over the father for neglect proceeding.

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President & Dirs. of Georgetown College v. D.C. Bd. of Zoning Adjustment, No. 01-AA-1182, DISTRICT OF COLUMBIA COURT OF APPEALS, December 4, 2003, Decided
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Overview: Some of the conditions imposed by a zoning board on a university's campus plan, which were designed to protect neighborhood impacts, were struck down because they were arbitrary and capricious or involved matters outside of the board's expertise.

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Smith v. United States, No. 99-CF-914, No. 99-CF-940, No. 99-CF-1031, DISTRICT OF COLUMBIA COURT OF APPEALS, December 9, 2003, Decided
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Overview: Persons who followed a known juror, urging her to vote not guilty, were guilty of obstruction of justice, but the actual defendant in the juror's case, who was also present, should not have been convicted in absence of evidence he participated.

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Allen v. United States, No. 99-CF-1666, DISTRICT OF COLUMBIA COURT OF APPEALS, December 11, 2003, Decided
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Overview: In defendant's trial on a charge of possession of cocaine, trial court erred by allowing the prosecutor to ask defendant questions during cross-examination which required him to speculate about reasons police officers who testified would have lied.

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Hebron v. United States, No. 00-CF-892, DISTRICT OF COLUMBIA COURT OF APPEALS, December 11, 2003, Filed
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Overview: District of Columbia court clarified that it did not apply a super burden of proof in first-degree theft cases to show value of stolen property exceeded $ 250; rather, normal rules for legal sufficiency of evidence applied.

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In re A.L., No. 00-FS-1541, DISTRICT OF COLUMBIA COURT OF APPEALS, December 11, 2003, Decided
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Overview: Police officer's testimony that he saw a juvenile holding a shiny object and found a plastic bag containing marijuana in a drainpipe after juvenile exited a stairwell was sufficient to sustain trial court's judgment that juvenile possessed marijuana.

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In re Weiss, No. 00-BG-493, DISTRICT OF COLUMBIA COURT OF APPEALS, December 11, 2003, Decided
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Overview: Appellate court affirmed District of Columbia Board on Professional Responsibility's recommendation that lawyer who diverted $ 676,465 from his firm to his own account but repaid everything before he reported his conduct be suspended for three years.

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Jackson v. United States, Nos. 98-CF-1620, 99-CF-99, DISTRICT OF COLUMBIA COURT OF APPEALS, December 11, 2003, Filed
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