14 results for 'judge:"McLeese"'.
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. 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
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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. 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. McLeese upholds the trial court's finding for the district on a property owner's due process claims related to the demolition of its building. The owner received adequate notice, as it was post at the property and sent through the mail. Affirmed.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 28, 2023, Case #: 20-CV-0556 , Categories: Property, Due Process
J. McLeese vacates, in part, the trial court's denial of relief to an individual in a Freedom of Information Act case, in which he seeks documents related to decisions made against dentists by the Board of Dentistry. The trial court improperly determined the district's refusal to grant him a fee waiver was judicially unreviewable. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 14, 2023, Case #: 19-CV-1239 , Categories: Civil Procedure, Public Record
J. McLeese upholds the Compensation Review Board's award of workers' compensation benefits to an individual. The board properly calculated his weekly wage and reduced the award to account for unemployment compensation he received in Virginia. Affirmed.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 14, 2023, Case #: 22-AA-0544 , Categories: Workers' Compensation
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
[Consolidated.] J. McLeese finds that the trial court partially erred in interpreting a premarital agreement in this marital dissolution between a government attorney and a partner at a private law firm. The government attorney is entitled to half the assets in her joint account with her ex-husband, but the trial court awarded her less than this, and the ex-husband is found to owe some more payments. Affirmed in part, reversed in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: May 11, 2023, Case #: 20-FM-0739, Categories: Family Law