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   State Courts - District of Columbia - October 9 - October 16, 2008

  
Brisbon v. United States, Nos. 02-CF-601, 02-CF-777 & 04-CO-144, DISTRICT OF COLUMBIA COURT OF APPEALS, October 9, 2008, Decided
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Overview: Defendant was entitled to a new trial because trial court's error in admitting a codefendant's full confession incriminating defendant in a joint trial was not harmless. Without the confession, the government's evidence against defendant was largely circumstantial.

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Burton v. NTT Consulting, LLC, No. 07-AA-538, DISTRICT OF COLUMBIA COURT OF APPEALS, October 9, 2008, Decided
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Overview: Unemployment benefits case was remanded as administrative law judge abused his discretion by refusing to conduct factual inquiry concerning unemployment benefits claimant's explanation for her absence at hearing and by failing to explain why she could not satisfy grounds for relief under D.C. Mun. Regs. tit. 1, ? 2833.2.

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Fred A. Smith Mgmt. Co. v. Cerpe, Nos. 07-CV-35, 07-CV-36, DISTRICT OF COLUMBIA COURT OF APPEALS, October 9, 2008, Decided
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Overview: Judgment under the District of Columbia Human Rights Act, D.C. Code ? 2-1401.01 et seq., for sexual harassment against a supervisor and retaliation against an employer, its officers, and the supervisor was affirmed because there was sufficient evidence that the supervisor sexually harassed the employee who was subsequently fired for complaining.

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Wilburn v. District of Columbia, No. 07-CV-287, DISTRICT OF COLUMBIA COURT OF APPEALS, October 9, 2008, Decided
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Overview: Employee's complaint, under D.C. Code ?? 1-615.53 and 1-615.54(a), for violation of the District of Columbia Whistleblower Protection Act was dismissed because the employee's statements criticizing the performance of a law firm acting under a contract did not constitute a protected disclosure within the meaning of D.C. Code ? 1-615.52(a)(6).

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In re Mittendorff, No. 08-BG-1159, DISTRICT OF COLUMBIA COURT OF APPEALS, October 16, 2008, Filed
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In re Wing, No. 08-BG-571 & 08-BG-572, DISTRICT OF COLUMBIA COURT OF APPEALS, October 16, 2008, Filed
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White v. United States, No. 06-CF-942, DISTRICT OF COLUMBIA COURT OF APPEALS, October 16, 2008, Decided
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Overview: D.C. Code ? 22-3013 conviction was supported by ward's testimony that sexual act occurred with corrections officer. Jury had prerogative to resolve ward's ambiguous testimony in favor of guilt. Sentence did not exceed statutory maximum and reflected ward's vulnerability as transgender inmate in all-male prison unit and non-consensual nature of act.

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