District of Columbia, December, 2003, State Case law

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State Courts - District of Columbia - December 24 - December 31, 2003

Alston v. United States, No. 02-CO-1370, DISTRICT OF COLUMBIA COURT OF APPEALS, December 24, 2003, Decided
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Overview: Where there was no legal, personal, or other latent obligation between trial counsel and a government witness that would present a conflict of different interests, the trial court properly denied defendant's motion for a new trial.

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Daka, Inc. v. McCrae, Nos. 00-CV-1270, 01-CV-227, DISTRICT OF COLUMBIA COURT OF APPEALS, December 24, 2003, Decided
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Overview: Evidence that, inter alia, harassment was longstanding was sufficient for jury to find employer had knowledge, actual or constructive, well before actions ended. Punitive damages award was excessive as it lacked reasonableness and proportionality.

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Ebron v. United States, No. 99-CF-145, No. 99-CF-273, DISTRICT OF COLUMBIA COURT OF APPEALS, December 24, 2003, Decided
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Overview: Threat evidence was inadmissible against first defendant as there was insufficient foundation; no evidence associated him with spectator actions. Threat evidence was admissible against second defendant as evidence showed knowledge and authorization.

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Mills v. D.C. Dep't of Empl. Servs., No. 02-AA-1223, DISTRICT OF COLUMBIA COURT OF APPEALS, December 24, 2003, Decided
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Overview: Where an employee presented substantial evidence that could form the basis for a finding of a wage loss resulting from an "on the job" injury, her petition for temporary total disability benefits should not have been denied.

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Ex parte L. E. K., Adoption Case No. A-408-'99, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, FAMILY COURT, December 29, 2003, Filed
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Overview: Court applied termination of parental rights factors under D.C. Code Ann. ? 16-2353(b)(2) to conclude that parents were unreasonably withholding their consent under D.C. Code Ann. ? 16-304 for mother's cousin to adopt daughter. Mother had mental health symptoms and religious practices that negatively affected daughter who was thriving with cousin.

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District of Columbia v. Chinn, No. 01-CV-1154, DISTRICT OF COLUMBIA COURT OF APPEALS, December 31, 2003, Decided
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Overview: If, in case involving intentional use of force by officers, a negligence count is to be submitted to a jury, negligence must be distinctly pled and based upon a factual scenario that presents aspect of negligence apart from use of excessive force.

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