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| Boyd v. United States, Nos. 98-CF-862 and 00-CO-558,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 28, 2006, Decided
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Overview: Although the prosecutor should have revealed to the jury in defendant's case that the government's factual theory had changed on a material issue from the position the government took at the codefendant's trial, the inconsistency in the government's theory did not go to the core of its case so as to violate the Fifth Amendment.
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| Julian Ford v. ChartOne, Inc., No. 04-CV-1193,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 28, 2006, Decided
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Overview: Denial of class certification and award of summary judgment to medical records provider were reversed because consumer, not attorney who requested records for other litigation, engaged in consumer transaction subject to District of Columbia Consumer Protection Procedures Act, D.C. Code §§ 28-3901 to -3911, and common question predominated.
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| Rales v. Rales, Nos. 04-FM-443 and 04-FM-444,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 28, 2006, Decided
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Overview: Motion for disqualification of father's attorney in custody action was moot as father's attorney withdrew from representation. Denial of motion to compel father to continue seeing therapist specified in custody agreement was upheld as father expressed concern to mother over course of the therapy and family continued therapy with another therapist.
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| Somerville v. Randall, No. 05-CV-804,
DISTRICT OF COLUMBIA COURT OF APPEALS, September 28, 2006, Decided
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Overview: Grant of summary judgment to a personal representative in the heirs' quiet title action was reversed, and the case was remanded to the trial court for further proceedings as the record did not establish without dispute that the heirs' late mother survived the heirs' great grandfather, and was his only surviving descendant under D.C. Code § 19-302.
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| Boone v. Cedro Ltd., No. 05-CV-30,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 5, 2006, Decided
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Overview: Trial court's entry of a default judgment, pursuant to D.C. Super. Ct. R. Civ. P. 37, in favor of a buyer was reversed, and the case remanded for further proceedings in the trial court because the extreme sanction of a default judgment was not an informed exercise of discretion by the trial court.
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| Jones v. Fondufe, No. 04-CV-799,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 5, 2006, Decided
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Overview: Trial court's denial of a mother's motion to intervene, under D.C. Super. Ct. R. Civ. P. 24, was reversed, and the case was remanded because the trial judge made an error of law in applying the law as to wrongful death claims, and the mother's proffer was sufficient to meet the standard for third-party intervention as of right.
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| Miller & Long Co. v. John J. Kirlin, Inc., No. 04-CV-1573,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 5, 2006, Decided
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Overview: Trial court's denial of a contractor's third-party indemnification claim against an employer was reversed and remanded because, under the parties' agreement for the employer's use of the contractor's equipment, the employer was to indemnify the contractor for the costs of litigating claims connected to the use of the contractor's equipment.
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| Phenis v. United States, No. 02-CF-536,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 5, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of arson, D.C. Code § 22-301, and other crimes, as he admitted to the police that he started the fire, was seen in the burning apartment, and, immediately thereafter, calmly walked away without alerting anyone. However, the trial court abused its discretion in not conducting a Frendak inquiry.
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