Case law

In Re Drury

683 A.2d 465 · District of Columbia Court of Appeals · Oct 10, 1996

D.C.Bar Rule XI, § 11(c)(4) “provides for an exception to the imposition of reciprocal discipline where Bar Counsel or the attorney subject to discipline clearly demonstrates that ‘the misconduct established [in the proceeding … noted that "the [Hearing] Committee settled the issue by deciding that the ‘strong presumption’ in favor of reciprocal discipline in this case had to be overcome by 'clear evidence that the attorney was not suffering from a qualifying

Dennis v. Jackson

District of Columbia Court of Appeals · Sep 16, 2021

I knew that my ability to pursue a medical malpractice action would be entirely contingent upon finding a qualified expert witnesses with knowledge of the applicable standard … The trial court clearly did make an unfair-detriment finding, and it is incorrect to assert that there were no findings at all on this subject.

Smothers v. United States

403 A.2d 306 · District of Columbia Court of Appeals · Jun 15, 1979

The court also ruled that To ensure that counsel and the jury are also so advised, the trial judge should give the explanatory instruction in open court to the first psychiatric witness immediately after he is qualified as … The evidence includes a photograph which clearly shows that the victim’s clothing had been forced down and up to expose her genitals while she lay on her back.

Gordon v. District Unemployment Compensation Board

402 A.2d 1251 · District of Columbia Court of Appeals · Jun 12, 1979

Apparently, the new contract established various commission pools (collections, sales, persistency bonus) to which the agent’s total activity was credited. … Clearly, the formula for calculating weekly payments is critical to a determination of whether remuneration was by way of commission.

In Re Ty. B.

878 A.2d 1255 · District of Columbia Court of Appeals · Jul 21, 2005

The District also established that in 1998, the father was convicted of domestic assault after entering a plea of guilty to that offense. … To the extent that some of the mother's statements to the aunts (e.g., night time telephone calls when the father and mother were fighting and the police were called) might have qualified as falling under the "present sense

District of Columbia v. Chambers

965 A.2d 5 · District of Columbia Court of Appeals · Feb 19, 2009

He declared, “within a reasonable degree of professional certainty,” that Officer Waterhouse “clearly” was not on an emergency run on February 3, 2003; “she did not believe that it was an emergency or exigent circumstance … The District finds alleged error in the trial court’s “ruling that whether police conduct qualifies as an emergency run is dependent on the speed of the vehicles, the character of the neighborhood, and the lighting,” all

Cevern, Inc. v. Ferbish

666 A.2d 17 · District of Columbia Court of Appeals · Sep 21, 1995

Cevern, Inc., the appellant, brought an action to establish a mechanic’s lien on the home of appellees Robert Ferbish and Viola Stanton. … Further, even if we agreed that the ultimate step of paying a fee to receive the license is a revenue-raising measure, the purpose of the home improvement licensing requirements as a whole is clearly regulatory.

Smith v. Alder Branch Realty Ltd. Partnership

684 A.2d 1284 · District of Columbia Court of Appeals · Nov 21, 1996

Contrary to appellants’ assertion, our cases do not establish that the defendant’s residence or presence in the District is “irrelevant.” Our decisions in cases such as Kaiser Found. … In Mills , the plaintiff, a Virginia resident, sued her insurer, a Connecticut-based company qualified to do business in the District, after her store in Fredericksburg, Virginia (about 50 miles south of the District of Columbia

Obelisk Corp. v. Riggs Nat. Bank of Washington, DC

668 A.2d 847 · District of Columbia Court of Appeals · Dec 21, 1995

He was unable, however, to establish any other opportunity open to Riggs. … O’Connell, 644 A.2d 444, 447 (D.C.1994), or whether Rahim was qualified as an expert in merchant banking business.

Mannan v. District of Columbia Board of Medicine

558 A.2d 329 · District of Columbia Court of Appeals · May 4, 1989

Revocation of a medical license is a serious matter, see Sherman, supra, 407 A.2d at 601 , and must be clearly supported by evidence in the record. … District of Columbia Bd. of Zoning Adjustment, 334 A.2d 175 , 178 n. 10 (D.C.1975) (opinions of qualified experts are not to be lightly disregarded).

In Re Abrams

662 A.2d 867 · District of Columbia Court of Appeals · Jul 10, 1995

Second, because the pardon attaches to the underlying conduct, the Court has established that a pardoned offender enjoys immunity not only from criminal prosecution, but also from any other form of punishment or civil disability … Clearly, then, although the pardon will not render the petitioner innocent, if it restores all his basic civil rights, both state and federal, it will do away with the “collateral consequences” of his conviction.

Gubbins v. Hurson

885 A.2d 269 · District of Columbia Court of Appeals · Oct 14, 2005

Kelly’s testimony, such as his description of his EMG testing of Gubbins and his diagnosis and prescription, clearly fell within this “exempt-from-Rule 26(b)(4)” category. So, evidently, did Dr. … Typically, when a case "involves the merits and performance of scientific treatment, complex medical procedures, or the exercise of professional skill and judgment, a jury will not be qualified to determine whether there

Barrie v. United States

District of Columbia Court of Appeals · Aug 11, 2022

“In order to uphold the denial of a § 23-110 motion without a hearing, we must be satisfied that under no circumstances could the petitioner establish facts warranting relief.” … convicted of an aggravated felony at any time after admission is deportable.”). 4 Appellant argues in his reply brief that his convictions of attempted first-degree sexual abuse and kidnapping were for offenses that qualify

Rhema Christian Center v. District of Columbia Board of Zoning Adjustment

515 A.2d 189 · District of Columbia Court of Appeals · Sep 10, 1986

Rhema apparently assumed it could establish the school as of right, as an accessory use of the church. … District of Columbia Board of Zoning Adjustment, 372 A.2d 1286, 1287-88 (D.C.1977) (where Board’s order based on clearly erroneous interpretation of regulation, court nonetheless may affirm by applying another, clearly applicable

Hallums v. United States

841 A.2d 1270 · District of Columbia Court of Appeals · Feb 12, 2004

“If the statement involves the declarant’s memory, it fails to qualify under this exception.” 2 JOHN W. STRONG, MCCORMICK ON EVIDENCE § 271 n.' 22 (5th ed.1999). … Roberts and hold that the Confrontation Clause establishes a bright-line procedural requirement that prohibits hearsay testimonial evidence without regard to its reliability.

Booz Allen Hamilton v. D.C. Office of Tax and Revenue

District of Columbia Court of Appeals · Feb 8, 2024

The plain meaning of a statute may not be controlling, however, when there is a “clearly expressed legislative intention to the contrary.” Hensley v. D.C. Dep’t of Emp. … We conclude, however, that BAH has not carried the heavy burden of establishing that applying the ballpark-area exclusion as written would be absurd.

Wilson v. United States

802 A.2d 367 · District of Columbia Court of Appeals · Jul 11, 2002

The latter position misreads Smith , where the lead opinion was explicit in “examining ... individually and collectively” the factors argued to it as establishing reasonable suspicion. Id. at 314 (emphasis added). … Smith, 558 A.2d at 317 ; see also id. at 319 (alternative majority opinion) (fact that record failed to show clearly enough “that Smith knew [Officer] Lawson and his colleagues were the police instead of, for example, a gang

Chastleton Coop. Ass'n, Inc. v. Kawamoto Notes, LLC

District of Columbia Court of Appeals · Aug 22, 2024

First, the Chastleton’s complaint clearly alleged that it did not receive “prior notice of the sale” so that BofA and its agents “failed to comply with the” RA’s notice requirement. … RFB counters that this is no basis to disturb the trial court’s ruling because “there is no other information about the putative assignment, including when it occurred, what precise rights were assigned, whether it was qualified

Matter of Burton

472 A.2d 831 · District of Columbia Court of Appeals · Jan 11, 1984

Thus, the documentary exhibits offered by Bar Counsel were clearly relevant and, indeed, established that respondent commingled personal funds with the funds he was holding as trustee in the trust account and that respondent … Such evidence was sufficient to establish a prima facie case of a violation of DR 9-102(A).

Shane Tynique Evans & Ebony Ruffin v. United States

160 A.3d 1155 · District of Columbia Court of Appeals · Jun 15, 2017

Irrespective of the fact that Evans may have misrepresented the timing of the events, she still demonstrated knowledge of pertinent details that establish a link to the incident. … The parties debate whether the 911 call amounted to inadmissible hearsay or qualified under the excited utterance exception.