District of Columbia, November, 2005, State Case law

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State Courts - District of Columbia - November 3 - November 10, 2005

Curtis v. United States, No. 04-CF-905, DISTRICT OF COLUMBIA COURT OF APPEALS, November 3, 2005, Decided
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Overview: There was no basis for concluding that either the photo array identification or the in-court identification should have been suppressed as there was nothing overly suggestive where the victim had described the perpetrators in detail prior to viewing a videotape and identifying defendant on the videotape.

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In re O'Keefe, No. 05-BG-1070, DISTRICT OF COLUMBIA COURT OF APPEALS, November 3, 2005, Filed
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Robinson v. Robinson, No. 04-FM-811, DISTRICT OF COLUMBIA COURT OF APPEALS, November 3, 2005, Decided
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Overview: For purposes of the District of Columbia Intrafamily Offenses Act, safety considerations always trumped property rights; therefore, a trial court had given undue weight to property rights in allowing a violent former husband to occupy a jointly owned house 12 feet from the former marital home where the former wife lived.

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Tobin v. John Grotta Co., No. 04-CV-384, DISTRICT OF COLUMBIA COURT OF APPEALS, November 3, 2005, Decided
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Overview: Where motion for reconsideration of denial of summary judgment motion was addressed only to defamation count, trial court's change of mind and decision to grant summary judgment on all counts without giving employee an opportunity to oppose that intended course violated basic precepts of notice embodied in D.C. Super. Ct. R. Civ. P. 56(c).

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Cooter v. Chapman, No. 05-CV-1042, DISTRICT OF COLUMBIA COURT OF APPEALS, November 10, 2005, Filed
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Overview: Because Murtaugh's "in the presence of" exclusion did not apply to D.C. Ct. App. R. 4(a)(6) (2004) and because the appellants' response to an order to show cause demonstrated that a motion to "correct" was a tolling motion under D.C. Super. Ct. R. Civ. P. 59(e) to alter or amend the judgment, the notice of appeal was timely filed.

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Fearwell v. United States, No. 03-CF-662, DISTRICT OF COLUMBIA COURT OF APPEALS, November 10, 2005, Decided
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Overview: "Special circumstances" affirmative defense to a bail jumping charge under D.C. Code Ann. ? 23-1327 was a matter of controlling law, so it was error not to grant a request for an instruction; that error combined with a failure to cure a prosecutor's closing argument from matters not in evidence was so prejudicial as to require a new trial.

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In re Midlen, No. 04-BG-808, DISTRICT OF COLUMBIA COURT OF APPEALS, November 10, 2005, Decided
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Overview: Attorney was suspended from practice of law in District of Columbia for 18 months for violating D.C. R. Prof. Conduct 1.15(c), when he repeatedly deducted fees from escrowed royalty payments when he could not reasonably have doubted that client disputed his entitlement to the fees, a situation that imposed on him a duty to keep the funds separate.

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In re Owusu, No. 04-BG-916, DISTRICT OF COLUMBIA COURT OF APPEALS, November 10, 2005, Decided
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Overview: Attorney was suspended from practice of law after he failed to appear at key interview between client and immigration officials. Failure to respond to Bar Counsel's inquiry did not amount to violation of D.C. R. Prof. Conduct 8.4(d) as there was no evidence attorney intentionally kept current address from Bar to avoid investigation by Bar Counsel.

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McCamey v. D.C. Dep't of Empl. Servs., No. 04-AA-211, DISTRICT OF COLUMBIA COURT OF APPEALS, November 10, 2005, Decided
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Overview: Because an employee did not show that a person without a pre-existing psychological illness would have suffered the same psychological injuries that she did as a result of a physical injury, the Department of Employment Services and the administrative law judge properly denied her claim for emotional injuries under D.C. Code Ann. ? 1-623.02.

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Najafi v. United States, No. 03-CF-870, DISTRICT OF COLUMBIA COURT OF APPEALS, November 10, 2005, Decided
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Overview: Prosecutor's comments during opening statement that defendant was "running a business" of selling drugs were improper because government never introduced, or expected to introduce, any evidence that defendant engaged in any unlawful conduct other than alleged sale of two ecstasy pills; however, error was harmless because evidence was overwhelming.

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