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   State Courts - District of Columbia - October 30, 2008

  
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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Borger Mgmt. v. Nelson-Lee, No. 07-CV-406, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Decided
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Overview: Landlord's notice to quit was defective under D.C. Code § 42-3505.01(b) because it did not provide an opportunity for tenant to cure the violation of excessive due to loud music; even though the tenant had been given a notice to quit and had cured a previous similar violation, the tenant was still entitled to an opportunity to cure.

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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Auth., Nos. 06-CV-1370 & 06-CV-1371, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008 *, Reissued* By separate unpublished order of this date, this court has recalled the mandate and withdrawn its original opinion in this case, which was issued on April 18, 2008.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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Douglas-Slade v. United States DOT, No. 07-AA-825, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Decided
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Overview: Case was remanded as finding of fact was not made on employee's retaliation claim as required by D.C. Code § 2-510(a)(3)(E). Supervisor stated in opportunity to demonstrate performance that one of employee's problems stemmed from unsubstantiated claims of hostile environment based on potential decision to deny leave.

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Gause v. United States, Nos. 06-CF-20 & 06-CF-47, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Decided
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Overview: Under D.C. Code § 11-1910, defendants did not have same unqualified right to inspect jury selection records as federal defendants did under 28 U.S.C.S. § 1867(f); § 11-1910 was enacted without "unqualified right" language. District defendants could inspect records on a showing of a reason to believe a constitutional or statutory violation occurred.

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Hill v. United States, No. 05-CF-588, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Decided
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Overview: Convictions were affirmed because the trial court did not deviate from the constitutional principles applicable to a defendant desiring to represent himself in that defendant, as a self-represented defendant, was in control of his defense throughout his trial, and the jury could not have believed otherwise.

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In re Avendano, No. 08-BG-8, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Filed
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In re Ugwuonye, No. 08-BG-1097, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Filed
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Speaks v. United States, No. 05-CF-1220, DISTRICT OF COLUMBIA COURT OF APPEALS, October 30, 2008, Decided
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Overview: Judgment was affirmed as under D.C. Code § 22-1101(b), unit of prosecution was child victim who was exposed to injury by defendant, not acts that caused injury. Defendant caused grave risk of bodily injury to three children as result of single car accident. Child one was physically injured, and siblings sustained emotional pain and battery.

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