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   State Courts - District of Columbia - November 15 - November 16, 2007

  
Burtoff v. Faris, Nos. 06-CV-407, 06-CV-810, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: Personal representative's legal malpractice suit was barred by the three year statute of limitations under D.C. Code § 12-301(8) because the representative showed no basis for excusing the untimeliness of his suit under the continuous representation rule as his allegations in a prior law suit showed that he was aware of a possible cause of action.

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Flax v. Schertler, No. 06-CV-37, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: Summary judgment award to lawyers in a malpractice case was reversed and remanded as to a personal representative's fraud claims only because the trial court too narrowly construed or overlooked some of the representative's allegations regarding the lawyers' failure to bring an alternative fraud-related claim or claims in the underlying litigation.

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In re Christenson, No. 06-BG-280, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: In an identical reciprocal discipline matter under D.C. Bar R. XI, § 11, an attorney was suspended from the practice of law in the District of Columbia for a one-year period, most of which was stayed, with conditional reinstatement, as there were no exceptions to the recommendation and no mitigating circumstances.

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In re Grossman, No. 06-BG-123, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: As an attorney's suspension from the practice of law in Massachusetts was based, in part, on her intentional misrepresentations, which conduct warranted disbarment in the District of Columbia, the Board on Professional Responsibility's substantially different reciprocal discipline recommendation of disbarment was adopted under D.C. Bar R. XI, § 11.

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In re Weiss, No. 06-BG-122, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: An attorney was suspended from the practice of law in the District of Columbia for five years, which was identical reciprocal discipline as had been imposed by Virginia, as there was no evidence that such sanction was inappropriate and the recommendation by the Board on Professional Responsibility was unopposed under D.C. Bar R. XI, § 11(f).

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Long v. United States, No. 03-CM-10, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Longus v. United States, No. 06-CM-252, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: Defendant's conviction for simple assault was reversed, as his daughter testified that she did not suffer physical injuries, and defendant's actions did not expose her to substantial risk of significant injury or significant pain, physical or psychological. It was not unreasonable for the trial court to find that a disciplinary purpose existed.

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Vines v. Mfrs. & Traders Trust Co., No. 06-CV-882, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: Appellate court lacked jurisdiction to hear owner's appeal of orders granting possession to bank's successor and denying the owner's motion for reconsideration under D.C. Ct. App. R. 3(c)(1)(B) because owner's notice of appeal stated that she was appealing only order granting summary judgment for successor on her wrongful foreclosure claim.

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Walters v. United States, Nos. 03-CF-539 & 03-CF-597, DISTRICT OF COLUMBIA COURT OF APPEALS, November 15, 2007, Decided
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Overview: There was no plain error under D.C. Super. Ct. R. Crim. P. 30 by a trial court's erroneous instruction under the Wilson-Bey holding regarding defendants' liability for specific intent crimes of assault with intent to rob and robbery, as defendants' substantial rights were not affected and the evidence supported a finding of their specific intent.

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Veney v. United States, Nos. 04-CF-353 & 06-CO-543, DISTRICT OF COLUMBIA COURT OF APPEALS, November 16, 2007, Filed
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