District of Columbia, November, 2007, State Case law

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State Courts - District of Columbia - November 29 - December 13, 2007

Donte v. United States, No. 04-CF-1255, DISTRICT OF COLUMBIA COURT OF APPEALS, November 29, 2007, Decided
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Overview: Although an aiding and abetting charge was plain error, reversal was not required because there was no reasonable probability that it had a prejudicial effect on the outcome of the murder trial. A jury could infer premeditation and deliberation from the evidence, including defendant's pointing a gun at the victim while others approached with guns.

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Hilarion v. D.C., Nos. 05-CT-729 & 05-CT-730, DISTRICT OF COLUMBIA COURT OF APPEALS, November 29, 2007, Decided
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Overview: Judgment was affirmed as operating while impaired in violation of D.C. Code ? 50-1401.01(d) was a strict liability offense that did not require scienter. The District did not have to prove that defendant knew his Virginia driver's license had been suspended.

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In re Howard, No. 07-BG-75, DISTRICT OF COLUMBIA COURT OF APPEALS, November 29, 2007, Decided
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Overview: The attorney was publicly censured for failing to report his public reprimand in Florida after his stipulation to, and execution of, a conditional guilty plea for consent judgment, as required by D.C. Bar R. XI, ? 11(b). The attorney had improperly threatened that he would report opposing counsel and his client to the police and Bar authorities.

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In re M.L.P., Nos. 04-FS-366 & 04-FS-367, Nos. 04-FS-581 & 04-FS-582, Nos. 04-FS-583 & 04-FS-584, DISTRICT OF COLUMBIA COURT OF APPEALS, November 29, 2007, Decided
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Overview: Where it was in children's best interests for adoption decrees to stand, a trial court's denial of a biological mother's motion under D.C. Super. Ct. R. Adoption Proc. 60, seeking to invalidate the adoption decrees due to the adoptee's failure to have disclosed her marriage pursuant to D.C. Code ? 16-302 (1981), was proper.

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Nero v. District of Columbia, No. 06-CT-269, DISTRICT OF COLUMBIA COURT OF APPEALS, November 29, 2007, Decided
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Overview: Judgment was affirmed as counsel waived defendant's claims under Double Jeopardy Clause as counsel's motion for mistrial was within counsel's discretion since defendant tested positive for phencyclidine (PCP) while on witness stand, and counsel and trial court observed that defendant was likely under influence of drugs.

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Callaham v. United States, No. 05-CM-1238, DISTRICT OF COLUMBIA COURT OF APPEALS, December 13, 2007, Decided
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Steele Founds., Inc. v. Clark Constr. Group, Inc., Nos. 04-CV-555 & 04-CV-756, DISTRICT OF COLUMBIA COURT OF APPEALS, December 13, 2007, Decided
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