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State Courts -
District of Columbia - October 30, 2008
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Blunt v. United States, No. 04-CF-1409,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Decided
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Overview: Convictions were affirmed because, although the mention by a prosecution witness of her fear of testifying, which was caused by her having been stabbed, should not have been permitted, the error was harmless. Additionally, defendant was not denied his Sixth Amendment right to confrontation through the use of the grand jury testimony of the witness.
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Cormier v. D.C. Water & Sewer Auth., Nos. 06-CV-1370 & 06-CV-1371,
DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008 *, Reissued* By separate unpublished order of this date, this court has recalled the mandate and withdrawn its original opinion in this case, which was issued on April 18, 2008. Cormier v. District of Columbia Water and Sewer Auth., 946 A. 2d 340 (D.C. 2008) (Cormier I). The present (revised) opinion is substantially identical to Cormier I, except that the court has added new footnote 3 and has made minor conforming changes.
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Overview: Declaration of appellant's expert was signed and sworn, but not notarized; court ruled it was not an affidavit and could not be considered in resolving appellee's summary judgment motion. As the declaration's language was basically identical to that prescribed in 28 U.S.C.S. § 1746(2), trial court erred in not considering it.
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