128 results for 'court:"DC Court of Appeals"'.
J. Deahl reverses a husband’s stalking conviction, which he received for stalking the man who slept with his wife by telling the man’s friends, family and colleagues about the affair. The husband’s speech is protected by the First Amendment. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: June 8, 2023, Case #: 16-FM-0383 , Categories: Constitution, Evidence
J. Glickman reverses, in part, defendant's convictions related to the fatal shooting of defendant's friend. Defense counsel, who lied to the court about his qualifications to represent defendant against the charges and has since been disbarred, provided ineffective assistance in many ways, including by eliciting testimony from a witness that defendant was a drug dealer and failing to object to an erroneous jury instruction. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: June 8, 2023, Case #: 19-CO-1171 , Categories: Ineffective Assistance, Assault
J. Beckwith finds the trial court should have granted defendant's request to withdraw his guilty plea to second-degree murder while armed in a case arising from a gun battle, which ensued after he confronted a man for allegedly assaulting his girlfriend. Defense counsel improperly gave up defendant's self-defense claim during the plea colloquy. Reversed.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: June 8, 2023, Case #: 17-CF-1282 , Categories: Murder, Plea
[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
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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 1, 2023, Case #: 22-CV-0051, Categories: Civil Procedure, Property
J. Deahl upholds the trial court's refusal to find for defendant on his claim the government failed to turn over ballistics evidence in his assault case, and that he received ineffective assistance due to his attorney's failure to pursue a third-party perpetrator defense. Defendant fails to show the government knew about the ballistics proof, and defense counsel's decision not to use the third-party defense was reasonable. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: May 25, 2023, Case #: 19-CO-0745, Categories: Evidence, Ineffective Assistance, Assault
[Amended.] J. Easterly reverses the superior court's award of $70,000 in attorney fees to a man who sought sanctions against his former domestic partner after she unsuccessfully sued for a divorce. There is no evidence the woman acted in bad faith or engaged in egregious conduct when she pursued the action. Reversed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: May 25, 2023, Case #: 21-FM-0737, Categories: Family Law, Sanctions, Attorney Fees