Case law

Smart Aziken v. DC

District of Columbia Court of Appeals · Sep 20, 2018

. _______________ 3 There are several conditions that the conversion must meet to qualify for the tax exemption: (A) The interest holders of the converted entity are identical to … (noting that reliance was unreasonable where statute “clearly provides that only the three enumerated categories of [] entities are eligible”).

National Housing Partnership v. Municipal Capital Appreciation Partners I, L.P.

935 A.2d 300 · District of Columbia Court of Appeals · Nov 1, 2007

Accordingly, on the existing record, we are not prepared to hold that the ultimate finding of commercial unreasonableness was clearly erroneous. … Count III sought to *322 establish NHP’s right to a putative surplus based on its loans to KALP.

Umana v. Swidler & Berlin, Chartered

745 A.2d 334 · District of Columbia Court of Appeals · Feb 17, 2000

to arbitration of matters involving public policy, such as antitrust violations, does not preclude arbitrators from considering the impact of an issue affected with public policy concerns in the context of a matter that clearly … Green, 687 A.2d 198, 201 (D.C.1996) (citing the "well-established preference for arbitration when the parties have expressed a willingness to arbitrate,” and holding the policy favoring arbitration is identical under the

Blakeney v. United States

77 A.3d 328 · District of Columbia Court of Appeals · Oct 3, 2013

Blakeney’s medical records established that he had a history of mental illness *334 predating his arrest for Ryland’s murder. He had been treated at St. … Clearly, therefore, defense counsel should not lightly disregard a credible medical opinion of incompetency, or indeed any other significant indicia thereof.

Walls v. United States

District of Columbia Court of Appeals · Jul 31, 2025

July 3, 2025) (same).  16 IRAA does not permit a court to continue incarcerating a prisoner who qualifies for IRAA relief—establishing that he is non-dangerous and has served … But that factor clearly contemplates a backward-looking inquiry into how far the defendant has come; it does not ask what future benefits incarceration would yield for him.

Miller v. District of Columbia

587 A.2d 213 · District of Columbia Court of Appeals · Feb 28, 1991

The statutory procedures established by Congress are exclusive. Urciolo, supra, 305 A.2d at 254 . … Felder clearly objected to such a practice.”); Blackwell v. City of St.

Sherer v. United States

470 A.2d 732 · District of Columbia Court of Appeals · Sep 30, 1983

The conviction can be established either through cross-examination or by extrinsic evidence. Id. § 14-305(b)(l), (c). … But more importantly, the truth shall never be known if one of the two knowledgeable parties to the alleged sale is immune from reasonable scrutiny of his possible relationship with the government.

Merrick v. Giddings

11 D.C. 55 · District of Columbia Court of Appeals · Apr 28, 1879

Such was the unparalleled immunity of members by the parliamentary law as interpreted by themselves and supported by the opinions of some *58 courtly judges of those times. … As to the question at issue in that case, the decision was clearly erroneous, and in Nones vs. Edsall, 1 Well, jr., 189, Mr.

Potomac Electric Power Co. v. Public Service Commission

380 A.2d 126 · District of Columbia Court of Appeals · Mar 2, 1978

Where our dissenter goes astray, in my view, is in his apparent belief that if agency action is “considered,” it is immunized against a finding of arbitrariness or capriciousness. … It was for this reason that the Supreme Court so clearly proscribed the use of out-dated data in West Ohio Gas Co. v.

Brown v. United States

District of Columbia Court of Appeals · Sep 4, 2025

The DCJSA “provide[s] for the establishment of an independent jury system” for the Superior Court. Gause II at 1250. … Here, it was clearly within the court’s discretion to reject a discovery motion only brought after the substantive motion to strike had already been denied. We also disagree with Mr.

Watson v. United States

536 A.2d 1056 · District of Columbia Court of Appeals · Dec 10, 1987

There, the Supreme Court established a two-prong test for evaluating the claim. Appellant (or defendant) must establish that the attorney’s performance “fell below an objective standard of reasonableness.” … We are not aware of a reported decision in this jurisdiction dealing with a “joinder of offenses” issue where there were involved offenses more clearly qualifying for the “signature crimes” exception.

Lively v. Flexible Packaging Ass'n

930 A.2d 984 · District of Columbia Court of Appeals · Aug 30, 2007

[but] counsel’s burden to prove and establish the reasonableness of each dollar, each hour, above zero.” Bratcher, supra, 8 F.3d at 726 (quoting Mares v. … Even if the doctrine were applied, FPA did not "clearly express[] the intention that [the check was] sent as a payment in full, and not on account or in part payment”; in fact, FPA clearly expressed that other matters remained

In re Edward T. Smith Bruce E. Gardner

District of Columbia Court of Appeals · Dec 14, 2023

Smith qualified for and received Supplemental Security Income. Mr. … The District also cites Subsections (a-1)(2) and (4), which similarly provide for a presumption of depletion if the ward qualifies for Medicaid or if the ward qualifies for Veterans benefits and such benefits constitute the

O'Brien v. United States

962 A.2d 282 · District of Columbia Court of Appeals · Dec 23, 2008

Marvin Podd, who had conducted a psychological evaluation of appellant, was qualified as an expert in neuropsychology and clinical psychology. … In its order denying the motion for new trial, the trial court concluded that it would have qualified Dr.

In re E.H.

718 A.2d 162 · District of Columbia Court of Appeals · Oct 1, 1998

It is a power which a government dedicated to freedom for the individual should exercise with extreme care, and only where the evidence clearly establishes its necessity. Id. at 783. … Spencer Johnson, M.D., a psychiatrist, and Sylvia Pierson-Ward, a therapist who was qualified in the area of counselling, testified as experts on behalf of the mother. .

Teoume-Lessane v. United States

931 A.2d 478 · District of Columbia Court of Appeals · Sep 6, 2007

The defense further established on cross-examination of Dr. … case, we need look no further than the statute’s plain language to determine that a trial court’s failure to ensure that a defendant received the specified notifications under D.C.Code § 22-4132 would be a deviation from a clearly-established

District of Columbia v. Morrissey

668 A.2d 792 · District of Columbia Court of Appeals · Nov 30, 1995

“[I]t makes little sense to jail a man who, when he appears before the judge, will be clearly qualified for release without bail.” Alvarez v. United States, 576 A.2d 713 , 717 n. 7 (D.C.) (quoting State v. … Davis, like other cases in which we have applied the “clearly erroneous” standard, involved evidentiary fact-finding.

John McShain, Inc. v. L'Enfant Plaza Properties, Inc.

402 A.2d 1222 · District of Columbia Court of Appeals · Jun 5, 1979

The basis of those hypothetical facts “must be established by independent evidence properly introduced.” *1227 Logsdon v. Baker, supra 170 U.S.App.D.C. at 361, 517 F.2d at 175. Here, Mr. … Lippe is “a qualified civil engineer to give an opinion.” Mr.

Croley v. Republican National Committee

759 A.2d 682 · District of Columbia Court of Appeals · Sep 21, 2000

Mills’ use of force was not clearly excessive, and that Mr. Croley did not sustain his burden of proving negligence. Mr. … Moreover, the record on appeal clearly shows that excessive force was used against Mr. Croley. With respect to Mr.

Cardozo v. United States

District of Columbia Court of Appeals · Jul 29, 2021

At the moment the sexual assault began, E.R. was clearly capable of appraising the nature of Mr. … That test “applies unless the legislature has clearly indicated a contrary intent with respect to the particular offense at issue.” Id.