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| District of Columbia v. Whitley, No. 07-CT-211,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 25, 2007, Decided
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Overview: Trial court's dismissal of a criminal case based on failure of prosecutor to appear at sentencing was improper because dismissal for want of prosecution was only allowed when defendant's constitutional speedy trial right was violated. Trial judge made no finding of a speedy trial violation, and no such finding could have been fairly made.
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| Fairman v. District of Columbia, No. 02-CV-650,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 25, 2007, Decided
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Overview: Arbitration award that granted severance pay to a District of Columbia employee pursuant to 1999 amendments to a 1997 employment agreement was improper because District of Columbia Council approval of the amendments was required under former D.C. Code § 1-1130(c) (now D.C. Code § 1-204.51(c)) as the amendments involved a multiyear contract.
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| In re Zakroff, No. 05-BG-740,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 25, 2007, Decided
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Overview: Recommendation of Board on Professional Responsibility that reciprocal discipline be imposed under D.C. Bar R. XI, § 11 was accepted, but action was remanded for finding as to whether attorney could show by clear and convincing evidence he was rehabilitated and that, for his misappropriation of funds, a sanction lesser than disbarment was fitting.
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| Kalorama Citizens Ass'n v. D.C. Bd. of Zoning Adjustment, No. 06-AA-486,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 25, 2007, Decided
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Overview: Decision upholding building permits was proper because zoning board's interpretation that the D.C. Mun. Regs. tit. 11, 199.1 definition of basement afforded administrator discretion to use apportionment method that he used was correct. However, the board erroneously failed to consider or apply any acceptable dictionary definition of "attic."
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| Smith v. D.C. Dep't of Empl. Servs., No. 05-AA-927,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 25, 2007, Decided
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Overview: Judgment was affirmed as District of Columbia Department of Employment Services properly used Blake Realty manifestation rule to determine time of workers' compensation claimant's cumulative injury for purposes of D.C. Code Ann. §§ 32-1513(a) and -1514(a), which determined whether D.C. Code Ann. § 32-1503(a)(1) or (a)(2) applied.
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| Thomas v. United States, No. 06-CM-635,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 25, 2007, Decided
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Overview: Evidence that defendant was seen standing within one foot of the subject of a temporary protective order (TPO), that he was hovering over her and speaking to her in a loud voice, was sufficient to support a finding that defendant willfully disobeyed the 100 foot "stay away" and "no contact" provisions of TPO and had violated D.C. Code § 16-1005.
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