District of Columbia, October, 2005, State Case law

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State Courts - District of Columbia - October 14, 2005

Borger Mgmt. v. Sindram, No. 03-CV-14, DISTRICT OF COLUMBIA COURT OF APPEALS, October 14, 2005, Decided
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Overview: Where an agency found that a landlord's decision not to renew a Section 8 lease was not retaliatory under D.C. Code Ann. ? 42-3505.02, the tenant's retaliation argument was barred under the doctrine of collateral estoppel and the landlord was entitled to partial summary judgment because, inter alia, the agency was acting in a judicial capacity.

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Duggan v. District of Columbia, No. 98-CV-199, DISTRICT OF COLUMBIA COURT OF APPEALS, October 14, 2005, Decided
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Overview: Police officer was on an emergency run under D.C. Code Ann. ??2-411(4) (2001) where he genuinely believed he should pursue a driver expeditiously after seeing him jerk his vehicle several times, accelerate, go through a red light, and run from the signaling officer.

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Frye v. United States, No. 02-CF-1233, No. 03-CO-430, No. 03-CO-1492, DISTRICT OF COLUMBIA COURT OF APPEALS, October 14, 2005, Decided
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Overview: Defendant's prior stalking and attacks on victim were admissible to prove motive when he chased her in her car, and his car amounted to a dangerous weapon for purposes of D.C. Code Ann. ?? 22-402 and 22-402.01; those offenses merged when distinguishing element of resulting serious injury was eliminated in attempt charge.

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Gubbins v. Hurson, No. 03-CV-780, DISTRICT OF COLUMBIA COURT OF APPEALS, October 14, 2005, Decided
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Overview: Defense verdict in medical malpractice action was reversed because physician's expert opinion testimony was not disclosed prior to trial as required by D.C. Super. Ct. R. Civ. P. 26 (b)(4), and testimony patient would not have suffered nerve damage if appellees had adhered to standard of care was enough to warrant res ipsa loquitur instruction.

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Ingram v. United States, No. 02-CF-1272, DISTRICT OF COLUMBIA COURT OF APPEALS, October 14, 2005, Decided
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Overview: Statement made by the inmate to defendant's trial counsel was a statement against penal interest; the statement was not privileged and was at least as incriminating as one made to a law enforcement officer, and was not uncorroborated in that the declarant was on the scene, had a motive, and an anonymous accusation was made implicating the inmate.

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Maybin v. Stewart, No. 99-FM-1046, DISTRICT OF COLUMBIA COURT OF APPEALS, October 14, 2005, Decided
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Overview: Court's order that all the parties submit to counseling before a father could resume child visitation after an absence was not an abuse of discretion. Further, D.C. Code Ann. ? 16-911(a-2)(4)(A) (2001) did not apply to the reconsideration hearing as there was no modification of the initial order, and the mother was entitled to attorney's fees.

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