13 results for 'judge:"Shanker"'.
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. 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. 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
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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. 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
[Consolidated.] J. Shanker upholds the lower court's affirmation of the termination of the father's parental rights. The magistrate judge properly considered the father's lack of suitable housing when it terminated his parental rights, and the father did not complete anger management courses or the required psychological examination. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: June 1, 2023, Case #: 22-FS-0557, Categories: Evidence, Family Law