128 results for 'court:"DC Court of Appeals"'.
J. Shanker vacates the trial court's refusal to grant defendant, who was convicted of first-degree murder and other offenses when he was 19 and sentenced to life imprisonment, early release under the Incarceration Reduction Amendment Act. The trial court improperly considered the degree to which the "'hallmark features of youth'" played a role in the crime. Vacated.
Court: DC Court of Appeals, Judge: Shanker, Filed On: February 29, 2024, Case #: 22-CO-0650 , Categories: Juvenile Law, Murder, Sentencing
J. McLeese finds that, although the Office of Administrative Hearings properly determined a company is subject to regulation by the D.C. Department of For-Hire Vehicles, the cease-and-desist order issued against the company must be reversed. The company's activities fall under the Taxicab Commission Establishment Act; however, the department failed to show the company's failure to register impeded its ability to monitor the company's activities. Reversed in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: February 29, 2024, Case #: 21-AA-0751 , Categories: Administrative Law, Licensing, Vehicle
J. Easterly affirms the Office of Employee Appeals' decision to uphold the termination of a chief administrative law judge for the Office of Administrative Hearings. Termination was appropriate in light of several ethics violations to which she admitted, including conflicts of interests and the hiring of an attorney with whom she had a business and financial relationship. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 29, 2024, Case #: 21-CV-0275, Categories: Administrative Law, Employment, Judiciary
J. Fisher upholds defendant's conviction for entering the capitol building on January 6, 2021 and refusing to leave. She fails to show the judge's statements during her sentencing, in which the judge said her political beliefs were delusional, support her claim of judicial bias. Affirmed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: February 22, 2024, Case #: 22-CM-0778 , Categories: Judiciary, Sentencing, Trespass
J. Howard reverses the trial court's denial of a woman's petition to adopt her cousin. Contrary to the trial court's finding, custody of the child six months before an adoption becomes final is not a prerequisite to filing an adoption petition. Vacated.
Court: DC Court of Appeals, Judge: Howard, Filed On: February 15, 2024, Case #: 22-FS-0647 , Categories: Family Law, Guardianship
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J. Deahl upholds the lower court's award of $500,000 in attorney fees to a journal and author who succeeded on their Anti-SLAPP motion after a Stanford professor sued them for defamation for writing an article that criticized his research. The journal and author are considered prevailing parties, as the record shows it was the lower court's hint it was planning to dismiss the suit following the Anti-SLAPP motion that led the professor to voluntarily dismiss his case two days later. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: February 15, 2024, Case #: 22-CV-0523 , Categories: Anti-slapp, Defamation
J. Easterly upholds the superior court's finding for a seller of a four-unit property and the buyer, who held all the tenants' assigned rights, in their action against an outside purchaser who refused to allow them to close. The buyer's contract with the seller was enforceable and held priority under the Tenant Opportunity to Purchase Act. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 8, 2024, Case #: 22-CV-0033 , Categories: Landlord Tenant, Real Estate, Contract
J. McLeese upholds the Office of Tax and Revenue's determination a company was not entitled to a refund for franchise tax benefits. The company is not considered a qualified high-technology company and, therefore, an exclusion within the Ballpark Omnibus Financing and Revenue Act does not apply.
Court: DC Court of Appeals, Judge: McLeese, Filed On: February 8, 2024, Case #: 21-AA-0575, Categories: Corporations, Tax
J. Easterly finds the lower court properly refused to hold a jury trial in defendant's simple assault trial. Although his conviction triggered a five-year ban on firearm possession, he fails to show "a temporary, geographically limited firearm ban transforms an otherwise petty offense into an offense triggering the right to a jury trial." Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 8, 2024, Case #: 22-CM-0611 , Categories: Firearms, Jury, Assault
J. Easterly upholds the Board of Governors' denial of Valeriano Diviacchi's petition for reinstatement to the D.C. Bar. The board's reliance on disciplinary actions by foreign jurisdictions against Diviacchi was not improper, and its denial without hearing did not violate his due process rights. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 1, 2024, Case #: 22-BG-0827 , Categories: Administrative Law
J. Thompson reverses, in part, the lower court's finding for a condo association and others on a condo owner's contract claims. There are questions of fact as to when his claims accrued and which party is responsible for remediation of issues within his condo. Reversed in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: January 11, 2024, Case #: 22-CV-0644 , Categories: Property, Contract
J. Beckwith denies the District of Columbia's bid to heighten the standard needed for an employee to prove retaliation under the D.C. Human Rights Act. The court of appeals' prior decisions have "consistently discussed, applied, and espoused - rather than simply assumed - a less than but-for causation standard for retaliation claims" under the Act. Affirmed.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: January 4, 2024, Case #: 16-CV-1135, Categories: Employment, Employment Retaliation
J. Beckwith reverses the lower court's refusal to suppress evidence of a gun during defendant's firearms-related trial. The police officers, who had pulled over a rideshare vehicle in which defendant had been a passenger, did not have grounds to suspect defendant was armed and dangerous to justify their frisk of his jacket, which was laying in the backseat. Reversed.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: January 4, 2024, Case #: 18-CF-1128 , Categories: Firearms, Search
J. Deahl finds a financial adviser who was fined and barred from the investment advisory business after it was determined he exercised undue influence over his elderly client, who left him her $500,000 estate, will get another shot in front of the Department of Insurance, Securities, and Banking. The department improperly applied a presumption of undue influence. Vacated.
Court: DC Court of Appeals, Judge: Deahl, Filed On: December 28, 2023, Case #: 22-AA-169 , Categories: Securities, Wills / Probate
J. McLeese vacates defendant's assault with a deadly weapon convictions. The government fails to show he intentionally collided with either of the victims' cars, and the nonsexual offensive touching did not inflict bodily damage. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: December 21, 2023, Case #: 18-CF-1095, Categories: Assault, Vehicle
J. Easterly upholds defendant's assault and weapons convictions arising from his non-lethal shooting of a woman. Although the trial court improperly admitted testimony regarding shell casings identification and identification of defendant in surveillance footage, the government's other evidence was sufficient to support the convictions. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: December 21, 2023, Case #: 19-CF-0504 , Categories: Assault, Witnesses, Identification
J. McLeese reverses the lower court's order a 5-month-old continue to be placed in shelter care after her mother, who has a fourth-grade education and minimal furnishings, presented at the hospital with what the staff deemed was a mental health crisis. Evidence indicates the baby was in good health when she arrived at the hospital, and that the mother functions well as a caregiver and has a support system. Reversed.
Court: DC Court of Appeals, Judge: McLeese, Filed On: December 21, 2023, Case #: 23-FS-0386 , Categories: Family Law
J. McLeese vacates, in part, the lower court's denial of a brother's renewed motion to remove his sister as the personal representative of their father's estate. Contrary to the lower court's finding, it had jurisdiction to hear the motion based on changed circumstances or newly discovered evidence. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: December 21, 2023, Case #: 21-PR-0658, Categories: Civil Procedure, Wills / Probate
J. Easterly reverses the trial court's refusal to suppress GPS data collected from defendant's monitoring device, which placed him at the location of a carjacking. The Court Services and Offender Supervision Agency, an officer of which ordered defendant to wear the GPS device for two weeks, does not have the power to impose GPS monitoring without the authorization of the parole commission. Reversed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: December 21, 2023, Case #: 17-CF-1376 , Categories: Constitution, Search
J. Rao upholds the district court's decision to remand the District of Columbia's case against several energy companies to superior court. The district, which accuses the companies of misrepresenting their products' effects on climate change, relied on D.C.'s consumer protection statute, rather than a federal cause of action. Affirmed.
Court: DC Court of Appeals, Judge: Rao, Filed On: December 19, 2023, Case #: 22-7163, Categories: Environment, Consumer Law, Jurisdiction
J. Shanker upholds the lower court's order compelling a driver to answer questions during a car collision-related case that her attorney had instructed her not to answer and imposing $6,400 in sanctions. The attorney violated civil rules of procedure by instructing his client to refuse to answer certain questions, and the driver fails to show the sanctions were improper. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: December 14, 2023, Case #: 22-CV-0624 , Categories: Civil Procedure, Sanctions, Negligence
J. Shanker upholds the superior court's finding for a housing co-op on a granddaughter's contract claims arising from an occupancy agreement the co-op had with her now-deceased grandmother. The granddaughter did not apply for membership in the co-op, and the co-op was under no contractual obligation to buy the estate's membership shares when the membership was not transferred through inheritance. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: December 14, 2023, Case #: 22-CV-0646, Categories: Landlord Tenant, Wills / Probate, Housing
J. Alikhan suspends prosecutors Mary Chris Dobbie and Reagan Taylor for six months, stayed in lieu of one year probation. Although the attorneys failed to disclose exculpatory information to the defense during an assault case, there is no evidence of bad faith and they both have clean records.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: December 7, 2023, Case #: 21-BG-0024 , Categories: Attorney Discipline
J. Alikhan upholds defendant's conviction for receiving stolen property based on evidence he robbed an individual in Maryland, boarded a train and traveled to D.C., where he was arrested with the stolen goods. The record shows he possessed the stolen goods within the district, as required by statute. Affirmed.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: December 7, 2023, Case #: 22-CM-0878 , Categories: Theft