21 results for 'judge:"Deahl"'.
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. 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. 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
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
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J. Deahl upholds the lower court's award of $500,000 in attorney fees to a journal and author who succeeded on their Anti-SLAPP motion after a Stanford professor sued them for defamation for writing an article that criticized his research. The journal and author are considered prevailing parties, as the record shows it was the lower court's hint it was planning to dismiss the suit following the Anti-SLAPP motion that led the professor to voluntarily dismiss his case two days later. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: February 15, 2024, Case #: 22-CV-0523 , Categories: Anti-slapp, Defamation
J. Deahl finds a financial adviser who was fined and barred from the investment advisory business after it was determined he exercised undue influence over his elderly client, who left him her $500,000 estate, will get another shot in front of the Department of Insurance, Securities, and Banking. The department improperly applied a presumption of undue influence. Vacated.
Court: DC Court of Appeals, Judge: Deahl, Filed On: December 28, 2023, Case #: 22-AA-169 , Categories: Securities, Wills / Probate
J. Deahl finds the lower court improperly dismissed a tenant's negligence action against his landlords based on the alleged theft by contractors whom the landlords had allowed into his apartment. He was not required to show heightened foreseeability, as he sufficiently pleads they unlocked his front door and did not monitor people entering and leaving the unit. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: November 22, 2023, Case #: 21-CV-0546 , Categories: Landlord Tenant, Negligence
J. Deahl reverses a man’s unlawful possession of a firearm conviction, which he received because he did not immediately drop his weapon after defending himself against drive-by shooters. A person who has a weapon only for self-defense is not required to "drop it like a hot potato the moment they recognize that the threat on their life has ceased, nor would it be socially desirable to incentivize them to do so rather than pursuing a more sensible means of relinquishing the firearm.” Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: November 16, 2023, Case #: 19-CF-0511 , Categories: Firearms, Self Defense
[Consolidated.] J. Deahl upholds most the trial court's reductions and denial of fees sought by a guardian and conservator of a now-deceased 85-year-old widow. The $300 per hour fee charged by the attorney, who had sought $478,000 in the first five years of his appointment as guardian, was properly reduced based on the task, such as shopping or retrieving prescriptions for the widow. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: October 19, 2023, Case #: 19-PR-0634, Categories: Wills / Probate, Attorney Fees
J. Deahl vacates the trial court's finding for a condo association on a condo unit owner's claims arising from the collapse of a foundation wall, which left the building uninhabitable for almost a year. Contrary to the trial court's finding, the owner was not required to provide expert testimony to support its negligence claim. Vacated in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 28, 2023, Case #: 22-CV-0593 , Categories: Property, Negligence
J. Deahl upholds the trial court's dismissal of a company co-owner's fraud claims against his partners related to loans taken out on behalf of the company. Although he alleges the partners forged an operating agreement to remove his ownership interest in certain properties, the company's real operating agreement granted the partners the power to take out the loans on the company's behalf. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 21, 2023, Case #: 22-CV-0548 , Categories: Corporations, Banking / Lending, Contract
J. Deahl upholds the superior court's order enforcing a subpoena that requires Meta to hand over documents related to its enforcement of its Covid-19 misinformation policies. Contrary to Meta's arguments, the district is not required to get a warrant to compel disclosure under the Stored Communications Act, nor does the subpoena infringe the First Amendment rights of it or its users. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 14, 2023, Case #: 22-CV-0239 , Categories: Communications, Consumer Law, Discovery
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. 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. 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
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. 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