128 results for 'court:"DC Court of Appeals"'.
J. Glickman vacates the trial court's dismissal of a church's action against parishioners who challenged the church board's leadership and its elections. The elections should not have been invalidated due to lack of notice, as there was no evidence the church's notice of the elections was deficient.
Court: DC Court of Appeals, Judge: Glickman, Filed On: September 5, 2023, Case #: 21-CV-0262 , Categories: Elections
J. Easterly upholds the Board of Elections' decision that a certain individual, a non-practicing attorney, could not be placed on the ballot to run for attorney general in the June 2022 primary election. A candidate must be working as an attorney to run for election.
Court: DC Court of Appeals, Judge: Easterly, Filed On: August 31, 2023, Case #: 22-AA-0276 , Categories: Elections
Per curiam, the court of appeals suspends Darlene C. Jackson for 60 days. She issued a subpoena while discovery was stayed, disclosed the details of a sealed settlement agreement and failed to comply with court orders, among other things.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 31, 2023, Case #: 23-BG-0554 , Categories: Attorney Discipline
J. Deahl holds the trial court properly refused to suppress evidence found on a juvenile's cell phone during his trial on aiding and abetting murder and related charges. His mother had the authority to consent to a search of the phone, as the juvenile lived with her, she had purchased the phone and the phone was in her name. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: August 31, 2023, Case #: 21-FS-0478 , Categories: Juvenile Law, Murder, Search
J. Easterly upholds defendant's sexual abuse while armed and kidnapping while armed convictions. The trial court's refusal to grant defendant sanctions for the loss of photos of the victim taken by nurse following the rape or limit the admission of prior consistent statements under the report of rape rule was harmless. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: August 31, 2023, Case #: 19-CF-0117 , Categories: Evidence, Sex Offender
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J. Deahl reverses two defendants' carjacking convictions after one held the victim at gunpoint while the other took his wallet, phone and car keys. The state failed to show the victim, who was standing 80 to 100 feet from his vehicle, which was parked around the corner of a building, was in immediate actual possession of the vehicle at the time of the crime. Reversed in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: August 24, 2023, Case #: 22-CF-0266, Categories: Evidence, Theft, Vehicle
[Consolidated.] J. Deahl finds the superior court improperly vacated a historic preservation board's decision to define a Scottish Rite Temple's boundaries as occupying only the area of its taxation lot, rather than the entire block where it is located. The boundaries had never been established and the decision was supported by substantial evidence. Reversed.
Court: DC Court of Appeals, Judge: Deahl , Filed On: August 24, 2023, Case #: 22-CV-0884 , Categories: Administrative Law, Property, Real Estate
J. McLeese vacates the trial court's order appointing the mother of an incapacitated individual as the individual's guardian, despite the individual's desire to have one appointed from a court-approved list. Although the trial court considered the individual's best interests, it failed to respect her autonomy. Vacated.
Court: DC Court of Appeals, Judge: McLeese, Filed On: August 17, 2023, Case #: 22-PR-0337, Categories: Family Law, Guardianship
J. Steadman finds the D.C. Circuit properly upheld a local law that requires licensed alcoholic beverage dealers to store their inventory within the district. A winery with inventory in Virginia fails to show the law violates the dormant Commerce Clause. Affirmed.
Court: DC Court of Appeals, Judge: Steadman, Filed On: August 10, 2023, Case #: 22-AA-0017 , Categories: Commerce, Constitution
J. Alikhan upholds the probate court's interpretation of a deed that a father had originally conveyed as a tenancy by the entirety to his son as one creating a joint tenancy with a right of survivorship to the son. The probate court properly relied on the father's intent when it determined the son was the owner of the property after the father's death. Affirmed.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: August 10, 2023, Case #: 22-PR-0338, Categories: Property, Wills / Probate
Per curiam, the court of appeals vacates the superior court's order that defendant remain in inpatient treatment pending the filing of a civil-commitment case. Defendant was due certain findings before the order was made, including a determination whether he has a mental illness, and whether he is a danger to himself or others. Vacated.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 10, 2023, Case #: 23-CO-0233, Categories: Commitment, Due Process
Per curiam, the court of appeals upholds the Office of Administrative Hearings' order that a worker is entitled to partial unemployment benefits after he was terminated for simple workplace misconduct. His attempt to misappropriate funds is not considered gross misconduct, as the company was relatively unaffected, no money was misappropriated and the incident was isolated. Affirmed.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 3, 2023, Case #: 20-AA-0480 , Categories: Employment, Labor
J. Glickman finds the superior court improperly dismissed a man’s negligence action against a company that allegedly sent him on a federally funded trip to Iran for a conference without the proper security or training, following which he was seized, thrown in an Iranian prison and tortured for four years. The company is not entitled to derivative sovereign immunity and there is a question of fact whether the State Department authorized and directed the company in connection with the trip. Vacated.
Court: DC Court of Appeals, Judge: Glickman, Filed On: July 27, 2023, Case #: 21-CV-0690 , Categories: Immunity, Negligence
Per curiam, the court of appeals suspends Marylin Jenkins for 30 days based upon the hearing committee's recommended petition for negotiated attorney discipline. Jenkins admits she concealed her admission to the district's Bar and her prior discipline.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: July 27, 2023, Case #: 23-BG-0545 , Categories: Attorney Discipline
J. Glickman reverses the superior court's finding for the district on a publisher and reporter's Freedom of Information Act case related to their request for rulings pertaining to tax payers' requests for tax guidance. The superior court should have conducted an in-camera review of the requested documents to verify whether there is segregable information that could be released. Reversed.
Court: DC Court of Appeals, Judge: Glickman, Filed On: July 27, 2023, Case #: 21-CV-0031 , Categories: Public Record, Tax
J. Blackburne-Rigsby upholds the trial court's finding for the district on its claim the former owners of property that was sold for $58.8 million must pay taxes not only on consideration paid for the property, but also $1.9 million in taxes on the assignment of a leasehold interest in the property. The property and the leasehold interest are two separately taxable interests. Affirmed in part.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: July 20, 2023, Case #: 22-TX-0329 , Categories: Property, Real Estate, Tax
J. Deahl reverses an award of disability benefits to a delivery driver who was injured on a moped ride to a bagel shop. The trip to the shop during his 70-minute lunch break was not connected to his job. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: July 20, 2023, Case #: 21-AA-0560 , Categories: Employment, Labor
[Amended.] J. Glickman upholds the superior court's refusal to dismiss the homeowners' suit seeking the cancellation of an individual's lis pendens notice against their property. The lis pendens notice did not comply with D.C. law, as their ownership of the home was not directly at issue in the individual's underling fraudulent conveyance action. Affirmed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: June 29, 2023, Case #: 22-CV-0051, Categories: Property
J. Ruiz finds the lower court properly refused to sever two murder charges against defendant and try them separately. Although the murders were especially vicious, there is no evidence the jurors were not able to objectively view the proof of each crime for the separate verdict forms. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: June 29, 2023, Case #: 19-CF-0004 , Categories: Fair Trial, Murder
Per curiam, the court of appeals suspends Mary E. Davis for 30 days, stayed in its entirety, due to her failure to obtain her client's informed consent regarding a conflict of interest in an underlying case. Davis voluntarily acknowledged her violation and the sanction is a result of a negotiated discipline.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: June 29, 2023, Case #: 23-BG-0484 , Categories: Sanctions, Attorney Discipline
J. Blackburne-Rigsby finds the trial court improperly refused to find if a gas station that has been deemed a nuisance due to drug and firearms-related issues is required to hire security officers. Contrary to the trial court's holding, the landlord that leases the property to a gas station operator is a proper party with which it can enter an order regarding the need for security. Reversed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: June 22, 2023, Case #: 20-CV-0767 , Categories: Civil Procedure, Landlord Tenant, Property
J. Ruiz upholds the termination of two district employees due to a reduction in force. The workers fail to show the terminations were pretextual, or that the basis for the reduction in force was a sham.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: June 15, 2023, Case #: 17-CV-1123 , Categories: Employment
J. Blackburne-Rigsby upholds the denial of a modification to workers' compensation order, in which the maintenance mechanic was found not to have a mental condition related to a work incident. The worker failed to offer nothing more than "generic and conclusory proffers regarding his modification claim." Affirmed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: June 15, 2023, Case #: 21-AA-0652 , Categories: Workers' Compensation