128 results for 'court:"DC Court of Appeals"'.
[Consolidated.] Per curiam, the court of appeals reverses, in part, certain convictions in a case against four defendants on charges arising from a gang-related shooting that led to two deaths and injuries to two additional victims. Certain convictions predicated on underlying conspiracy convictions must be vacated, as they underlying convictions are misdemeanors. Furthermore, one defendant's second-degree murder conviction must be vacated due to insufficient evidence. Reversed in part.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 14-CF-0667, Categories: Murder, Conspiracy, Gangs
J. Glickman upholds the superior court's finding for a condo developer and neighboring condominium on a condo association's claims pertaining to rooftop restrictions the developer agreed to include in its bylaws to appease the neighboring condo and attain a permit to build a condo exceeding height limitations. The bylaws, which were amended properly, are not unreasonable. Affirmed.
Court: DC Court of Appeals, Judge: Glickman, Filed On: May 9, 2024, Case #: 21-CV-0798 , Categories: Licensing, Real Estate, Housing
J. Howard reverses, in part, a workers' compensation review board decision to uphold an administrative law judge's decision to grant only a 5 percent impairment to a worker, rather than the 35 percent recommended by her treating doctor. The board failed to require the judge explain why the doctor's impairment ratings were not clear. Reversed in part.
Court: DC Court of Appeals, Judge: Howard, Filed On: May 2, 2024, Case #: 22-AA-0957, Categories: Administrative Law, Workers' Compensation
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J. Glickman reverses the Office of Employee Appeals' decision to uphold a police officer's 20-day suspension. The appeals office relied on charges the police department had considered and rejected when it upheld the suspension. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: May 2, 2024, Case #: 22-CV-0220 , Categories: Employment
J. Shanker upholds defendant's stalking conviction which was based, in part, on his repeated threatening emails and texts to a former coworker, and his sending of letters to his former employer and government agencies claiming the coworker had engaged in misconduct. Although he argues the trial court should have instructed the jury that his communications should be considered unprotected speech, he did not ask for the instruction and his rights were not violated. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 25, 2024, Case #: 22-CM-0963, Categories: Evidence, Jury
J. Shanker dismisses appeals arising from two residents' challenges to spikes in their water bills, believing defective equipment led to the charges. The Office of the People's Counsel, which filed the appeals, lacks standing, as it was not a party to the proceedings before the hearing officer.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 18, 2024, Case #: 22-AA-0449, Categories: Administrative Law, Civil Procedure
J. Deahl finds it is unclear whether defendant, who was convicted of firearm possession, consented to a search of his pocket after he was stopped by officers because he matched the description of an armed robber in that location. Upon remand, the trial court must determine whether defendant "freely and voluntarily" consented to the search.
Court: DC Court of Appeals, Judge: Deahl, Filed On: April 18, 2024, Case #: 22-CF-0520 , Categories: Evidence, Firearms, Search
J. Ruiz upholds the trial court's suppression of a firearm seized from defendant's backpack. The government failed to show defendant had abandoned the backpack when the officers retrieved it, without probable cause or a warrant, from a hidden spot within a home with which defendant had a connection. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: April 18, 2024, Case #: 19-CO-1094 , Categories: Evidence, Firearms, Search
J. Shanker reverses the trial court's contempt finding against a pro se litigant who lost her contract case against a construction company and then failed to pay the $14,000 in attorney fees, as ordered. Contempt is not an appropriate remedy for failure to pay the fees. Reversed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 21-CV-0561 , Categories: Contempt, Attorney Fees, Contract
J. Shanker vacates the lower court's denial of a parolee's motion to reduce his life sentence, received for the murder of a 14-year-old, under the Incarceration Reduction Amendment Act. His release from prison did not render him ineligible for a reduction, and the trial court failed to show whether it considered the interests of justice or his dangerousness. Vacated.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 22-CO-0342 , Categories: Murder, Sentencing
J. Blackburned-Rigsby finds the trial court erroneously failed to conduct a Frendak intelligently and voluntarily waived the insanity defense during his trial for his attack on a taxi driver with a hammer. Substantial proof raises a question of defendant's sanity at the time of the crime and, therefore, the case must be remanded to allow the trial court to conduct the proper inquiry.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: April 11, 2024, Case #: 22-CM-0898 , Categories: Competence, Assault, Weapons
J. Deahl reverses the lower court's dismissal of a pro se driver's car collision-related action, which it did when the driver arrived 10 minutes after the scheduled start of the trial. Contrary to the lower court's ruling, the good cause inquiry is not used to determine whether the driver provided good cause for his tardiness, but, rather, "whether his tardiness on one occasion justified the outright dismissal of his suit. It did not." Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: April 4, 2024, Case #: 22-CV-0537 , Categories: Civil Procedure, Sanctions, Negligence
J. Deahl upholds the trial court's finding for the district on a resident's putative class claim that its use of red ink on its pre-addressed payment return envelopes increased failed delivery rates, which led to the assessment of late payment fees. She fails to show the use of red ink is what caused the mail to not be delivered. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 28, 2024, Case #: 22-CV-0567 , Categories: Negligence, Class Action
J. Howard upholds the trial court's admission of testimony from the mother of defendant's child during his trial on gun possession and related charges. The mother's testimony was "'direct and substantial proof'" of the charge. Affirmed.
Court: DC Court of Appeals, Judge: Howard, Filed On: March 28, 2024, Case #: 22-CF-0761 , Categories: Weapons, Witnesses
J. Blackburne-Rigsby upholds the trial court's dismissal of 10 restaurants and bars' action against an insurer for Covid-19-related closure coverage. They fail to show the Covid-19 virus, rather than municipal orders banning in-person dining, caused direct loss or damage to their properties. Affirmed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: March 21, 2024, Case #: 22-CV-0950 , Categories: Insurance, Covid-19
[Consolidated.] J. Thompson upholds the zoning commission's approval of a planned-unit development application. Upon remand from the court of appeals, the commission sufficiently explained its reasoning, specifically addressed racial equity issues and considered the existing community when approving the application. Affirmed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: March 21, 2024, Case #: 22-AA-0554, Categories: Property, Zoning
J. Deahl upholds the lower court's dismissal of a the district's rental-related discrimination action against a landlord after the district voluntarily moved to dismiss when it discovered the landlord's posting of "no vouchers" within his listing was not discriminatory, as the rental was not voucher-eligible. The landlord fails to show the district acted in bad faith when it sued him. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 21, 2024, Case #: 22-CV-0316 , Categories: Civil Rights, Landlord Tenant
Per curiam, the court of appeals grants attorney Jeffrey B. Clark's petition for rehearing regarding the enforcement of a subpoena filed by the Office of Disciplinary Counsel's related to disciplinary charges accusing him of rule violations while serving as Assistant Attorney General in the U.S. Department of Justice. Enforcing the subpoena would violate Clark's Fifth Amendment right against self-incrimination.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-BG-0891 , Categories: Civil Procedure, Civil Rights, Attorney Discipline
J. Shanker upholds the trial court's decision to increase defendant's 72-month sentence for robbery to 84 months after it had to correct and lower his 36-month sentence for attempted robbery to 24 months. The sentence was properly altered in order to maintain the agreed upon 108-month sentence, per the parties' plea agreement. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: March 14, 2024, Case #: 23-CO-0219 , Categories: Robbery, Sentencing, Plea
J. Beckwith suspends Alvin S. Brown for 60 days, and he must demonstrate fitness and pay restitution to be reinstated. Evidence that Brown violated eight rules of professional conduct, including by charging fees for services he did not provide and failing to communicate with a client, supports the Board on Professional Responsibility's recommendations.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: March 7, 2024, Case #: 20-BG-0589, Categories: Evidence, Attorney Discipline
J. Beckwith suspends Pablo A. Zamora for six months for misappropriation of client funds. Although the Board on Professional Responsibility recommended Zamora be disbarred, evidence supports the hearing committee's finding his misappropriation was negligent, rather than reckless.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: March 7, 2024, Case #: 22-BG-0943 , Categories: Evidence, Attorney Discipline
J. Deahl upholds the trial court's refusal to grant the 68-year-old defendant, who is serving a 17-year sentence for voluntary manslaughter while armed and related convictions, compassionate release. Defendant failed to show he is not dangerous. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 1, 2024, Case #: 23-CO-0409 , Categories: Sentencing, Manslaughter