Case law

Hughey Payne v. District of Columbia Department of Employment Services and Washington Metropolitan Area Transit Authority

99 A.3d 665 · District of Columbia Court of Appeals · Sep 18, 2014

[did] not so clearly favor either side that [this court] [could] make such a  6 determination‖). … In the end, the ALJ summarized the evidence that ―clearly establishe[d] [Payne‘s] asthmatic condition pre-existed the incident of August 29, 2006‖ but weighed this against Payne by finding that because his symptoms preexisted

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. .

IN RE D.P., Appeal from the Superior Court (DEL-2275-12)

District of Columbia Court of Appeals · Aug 13, 2015

Code § 22-404.01 (2012 Repl.).  10 one of two qualifying mental states: that the defendant (1) caused this injury “knowingly or purposely,” D.C. … Because the evidence was clearly insufficient to show “know[ledge] or purpos[e]” under D.C.

In Re Travers

764 A.2d 242 · District of Columbia Court of Appeals · Dec 28, 2000

Travers established an estate checking account. The signatures of both Ms. Simihons and Mr. Travers were required on any check drawn on the account. … To establish a violation of that rule, Bar Counsel must make a three-part showing; First ... the conduct must be improper.

In re D.R.M.

570 A.2d 796 · District of Columbia Court of Appeals · Feb 28, 1990

Following a four-day hearing in November 1987, the Family Division, Judge Mencher, granted the petition for adoption after concluding that the evidence clearly and convincingly established that B.M.’s consent to the adoption … If you want to qualify that as a “relationship”, maybe, but certainly not much more than that. Ms.

Springs v. United States

614 A.2d 1 · District of Columbia Court of Appeals · Aug 4, 1992

Appellant further maintains he was not thinking clearly at the time of the plea because of his medication. … To this date appellant has presented no evidence, such as, for example, the testimony of a qualified expert, that casts any doubt upon that conclusion.

Willie Walker, Jr. v. United States

201 A.3d 586 · District of Columbia Court of Appeals · Feb 21, 2019

In this situation, appellants cannot establish plain error. … Using a “more likely than not” standard, Judge Johnson determined that “there was clearly a conspiracy.”

Wm v. Dsc

591 A.2d 837 · District of Columbia Court of Appeals · May 21, 1991

Wurzinger was only minimally qualified to testify as an expert in paternity testing and was unfamiliar with the laboratory used. … by the fact of marriage and may take some time to be established.

MICHAEL WONSON v. UNITED STATES

District of Columbia Court of Appeals · Jul 21, 2016

Wonson‟s case had been transported from the property division to the courthouse, later qualifying, “[a]s far as my knowledge it was.” … Turning to the particular facts of this case, the government clearly failed to establish by a reasonable probability that it had maintained an unbroken chain of custody over the proffered ballistics material.

Hernandez v. United States

District of Columbia Court of Appeals · Dec 29, 2022

The essence of these authorities is to recognize that some touchings which give offense should qualify as crimes and others should not. … Similarly here, touching someone for the purpose of offending him clearly would satisfy the mens rea requirement.

Hernandez v. United States

District of Columbia Court of Appeals · Dec 29, 2022

The essence of these authorities is to recognize that some touchings which give offense should qualify as crimes and others should not. … Similarly here, touching someone for the purpose of offending him clearly would satisfy the mens rea requirement.

Taylor & Najiy v. United States

District of Columbia Court of Appeals · Jan 27, 2022

She qualified that testimony, however, by adding that Najiy had not actually stolen her gun, but that she had reported him because she was upset. … She also maintains that the officer’s response to the scene did not constitute an “official proceeding,” and thus that the evidence was insufficient to establish her “knowledge” necessary to establish “tampering.”

Wilson v. United States

785 A.2d 321 · District of Columbia Court of Appeals · Nov 15, 2001

Wilson not only must establish “error,” but also that the error is “plain” and “affeet[s] substantial rights.” Olano, supra, 507 U.S. at 732 , 113 S.Ct. 1770 . … (While deliberating, the jury “sent out a note asking: ‘Is there a legal definition or instruction concerning what constitutes serious bodily injury or is the jury to decide what qualifies as serious?’”).

In re Will of Hoover

19 D.C. 495 · District of Columbia Court of Appeals · Jan 3, 1891

We refused to disturb that ruling; holding that every intendment should be made in favor of the action of the trial justice, who from the nature of the case was better qualified to judge whether the verdict was "warranted … verdict in favor of the caveators, we consider ourselves bound, upon the same general principles to sustain the action of the court below, unless upon an examination of the entire record we shall be satisfied there was clearly

Taylor & Najiy v. United States

District of Columbia Court of Appeals · Jan 27, 2022

She qualified that testimony, however, by adding that Najiy had not actually stolen her gun, but that she had reported him because she was upset. … She also maintains that the officer’s response to the scene did not constitute an “official proceeding,” and thus that the evidence was insufficient to establish her “knowledge” necessary to establish “tampering.”

Bryant v. United States

859 A.2d 1093 · District of Columbia Court of Appeals · Oct 14, 2004

Because the statements qualified as «excited utterances, admissible under an established exception to the hearsay rule, we hold that the trial court did not abuse its discretion in admitting them. … Being inside a van that becomes the target of police gunfire certainly qualifies as a serious occurrence. The second element is established by the fact that Ms.

Asylum Co v. District of Columbia Department of Employment Services

10 A.3d 619 · District of Columbia Court of Appeals · Dec 23, 2010

Another employee of the establishment took Claimant to the hospital, where he was diagnosed with a dislocated lens. … Div.1996) ("[A]n employer's immunity from payment of compensation to [undocumented aliens] might well provide a disincentive to assuring workplace safety”); Agri Processor Co., Inc. v.

Sheridan Kalorama Historical Association v. DC BZA and The Federation of State Medical Boards, Inc.

District of Columbia Court of Appeals · Jul 2, 2020

Also, employee and visitor parking on Leroy Place, N.W. will be forbidden, and sundry other limitations will be imposed governing visitors, weekend guests, and deliveries; adding security lighting; and establishing a liaison … special exception without a variance, we perceive no meaningful inconsistency in the BZA’s granting conditional, rather than definitive, approval of FSMB’s application for special exception – as occurred here, when the BZA clearly

In re S.S.

821 A.2d 353 · District of Columbia Court of Appeals · Apr 17, 2003

The great-aunt also took S.S. to Children’s Hospital. 7 Suzanne Levin, M.D., a board-certified pediatrician at Children’s Hospital, was qualified without objection as an expert on pediatrics and child abuse. Dr. … The judge also found the evidence sufficient to establish that S.S. "is without proper parental care and control necessary for her physical, mental and emotional health," within the meaning of D.C.Code § 16-2301(9).

Gorham v. United States

339 A.2d 401 · District of Columbia Court of Appeals · May 7, 1975

He qualified that opinion by noting the tremendous fluctuations in the amount of compulsion facing each individual. … Clearly, the civil commitment procedures of Title III are available to persons in this jurisdiction. The D.C.