District of Columbia, October, 2004, State Case law

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State Courts - District of Columbia - October 28 - November 9, 2004

Belay v. District of Columbia, No. 03-CT-368, DISTRICT OF COLUMBIA COURT OF APPEALS, October 28, 2004, Decided
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Overview: A bicyclist hit in a crosswalk by defendant's taxi was properly determined a pedestrian via the interpretation of the failure to yield the right-of-way to a pedestrian in a crosswalk statute under which defendant was convicted.

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In re Stanton, No. 03-BG-767, DISTRICT OF COLUMBIA COURT OF APPEALS, October 28, 2004, Decided
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Overview: An attorney's fifth petition for reinstatement to practice law was denied where the attorney failed to present any evidence that he was qualified and competent to practice law and only criticized the professional board in his petition.

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Prisco v. Stroup, CASE NO. 04 DRB-1270, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, FAMILY COURT, November 2, 2004, Decided
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Overview: As there had been no substantial change in the parties' circumstances since foreign child support order was entered and order was otherwise adequate, it could not be modified solely because it was registered in District of Columbia pursuant to the District of Columbia Uniform Interstate Family Support Act, D.C. Code Ann. ?? 46-301.01 to 46-309.01.

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In re Ramos, No. 04-BG-126, DISTRICT OF COLUMBIA COURT OF APPEALS, November 4, 2004, Decided
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Overview: Attorney, who was disbarred in Florida, was entitled to hearing on his application to District of Columbia bar as nearly seven years had passed since his disbarment. Disbarred District attorneys could petition for reinstatement after five years.

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In re Roberson, No. 02-BG-718, DISTRICT OF COLUMBIA COURT OF APPEALS, November 4, 2004, Decided
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Overview: Where an attorney was disbarred in Georgia for conduct that included misappropriation and dishonesty, he was disbarred in a reciprocal disciplinary proceeding because that conduct warranted disbarment in the District of Columbia.

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Makins v. District of Columbia, No. 02-SP-241, DISTRICT OF COLUMBIA COURT OF APPEALS, November 4, 2004, Decided
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Overview: Employee's attorney could not settle case, even though employer reasonably assumed that employee authorized attorney to attend settlement conference and to negotiate on her behalf, as apparent authority could not be based on attorney's conduct.

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Thornton v. Norwest Bank of Minn., No. 02-CV-907, DISTRICT OF COLUMBIA COURT OF APPEALS, November 4, 2004, Decided
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Overview: Mortgagee properly foreclosed on property even if it was aware of mortgagor's appeal from dismissal with prejudice of bankruptcy petition as dismissal was functional equivalent of final decision on merits and had preclusive effect of res judicata.

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United Black Fund, Inc. v. District of Columbia, Case No. 03ca9568, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CIVIL DIVISION, November 9, 2004, Filed
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Overview: Issue of material fact remained as to whether charity was entitled to permanent injunction requiring District of Columbia to follow its own policies in processing of applications to charity fundraising campaign. District may have contravened campaign's policies, and damages for doing so would have been difficult to calculate.

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United States v. Webb, Case No.: DV-339-04, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, DOMESTIC VIOLENCE SECTION, November 9, 2004, Decided
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Overview: Because a victim's responses to a police officer's questions at the scene of an assault as to what happened and why were not testimonial in nature and constituted excited utterances under Fed. R. Evid. 803(2), the police officer's testimony at trial relating the statements was admissible.

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