Case law

Wd v. Csm

906 A.2d 317 · District of Columbia Court of Appeals · Aug 31, 2006

Clearly, a parent who was found in the neglect proceeding not to have neglected the child, as appellant W.D. was here, would be entitled to such protections. … Id. at 165. [8] D.C.Code § 16-2320(a)(3)(C) authorizes the court to transfer custody to a qualified relative or other individual provided it finds that "the child cannot be protected in the home and there is an available

In re S.K.

564 A.2d 1382 · District of Columbia Court of Appeals · Oct 13, 1989

Douglas Tebor, who conducted an emergency psychiatric evaluation of S.K. at Children’s Hospital, was qualified as an expert in psychiatry. … I do not think any of the judge’s evidentiary findings were clearly erroneous.

Embassy Real Estate Holdings, LLC v. District of Columbia Mayor's Agent for Historic Preservation

944 A.2d 1036 · District of Columbia Court of Appeals · Mar 20, 2008

Baranes advised that, although the property was not in an historic district or designated as an historic landmark, it was “clearly eligible for designation,” and that, “should anyone file a designation application, it was … Evaluating this project within the guidelines of the Act, the Mayor’s Agent does not consider it to be one that qualifies as “Special Merit”, which is defined by the Act as, “a plan or building having signifi *1044 cant benefits

ALONZO R. VAUGHN and CARL S. MORTON v. UNITED STATES

93 A.3d 1237 · District of Columbia Court of Appeals · Jul 3, 2014

As an appellate court, we ordinarily defer to the trial court‟s findings of fact, unless those findings are clearly erroneous. See Miller, 14 A.3d at 1120. … It did not simply establish that Officer Childs had a track record for untruthfulness.

In re Roy L. Person, Jr.

District of Columbia Court of Appeals · Jun 4, 2020

. § 239.3(b) for his proposition that “[t]he inherently deceptive nature of an unqualified guarantee that turns out to be qualified is well chronicled in the law” (emphasis in brief) and to support his favored interpretation … Standard of Review Disciplinary Counsel must establish a rule violation by clear and convincing evidence. In re Tun, 195 A.3d 65, 72 (D.C. 2018).

Embassy of the People's Republic of Benin v. District of Columbia Board of Zoning Adjustment

534 A.2d 310 · District of Columbia Court of Appeals · Nov 30, 1987

I The Benin chancery was established on Cathedral Avenue in 1967. … substantial compliance” with local laws, § 206(g) not only imposed a requirement “stricter than current practice under which [building and related] codes are not enforced with respect to foreign missions because of diplomatic immunity

McIntosh v. Washington

395 A.2d 744 · District of Columbia Court of Appeals · Oct 24, 1978

Washington, 142 U.S.App.D.C. 375 , 442 F.2d 123 (1971), we hold that the premise is clearly wrong. … Gun control is clearly such a field. C.

Grant v. United States

856 A.2d 1131 · District of Columbia Court of Appeals · Sep 2, 2004

The fact that an ad prosequendum writ may qualify as a request for temporary custody when it is based on the charges giving rise to the detainer does not establish that every writ issued after a detainer has been lodged is … This question would have been presented for review had case number F-10939-91 been appealed, but it is clearly beyond our jurisdiction to resolve it in this appeal. 10 .

District of Columbia v. Washington Home Ownership Council, Inc.

415 A.2d 1349 · District of Columbia Court of Appeals · May 28, 1980

Adoption of the position urged by the District would lead to two results which Congress clearly could not have intended. … This presumption will attain greater force if the Council again declines to carefully establish a factual basis for such an emergency declaration.

Boddie v. United States

865 A.2d 544 · District of Columbia Court of Appeals · Jan 13, 2005

The statement endorsed by [the Chairman of the Senate Judiciary Committee] and his colleagues clearly shows, however, that they did not think that the schoolyard provision required any such additional evidence. … It “h[e]ld that the ‘one thousand feet’ language in § 860(a) qualifies ‘possessing’ rather than ‘to distribute.’ ” Id. at 869.

Shore v. Groom Law Group

877 A.2d 86 · District of Columbia Court of Appeals · Mar 14, 2005

Typically, awards resulting from an arbitration “may be vacated or modified only on grounds clearly specified by statute.” Celtech, Inc. v. … In the first place, the letters about which she complains plainly do not qualify as ex parte communications because copies were provided to appellant at the time they were sent.

Joseph Jones v. United States

99 A.3d 679 · District of Columbia Court of Appeals · Sep 18, 2014

United States, 48 A.3d 181 (D.C. 2012), had ―cast doubt‖ on whether a police investigation qualified as an ―official proceeding‖ under subsection (a) (6)).  20 The trial court … The original indictment clearly alleged, and the prosecutor‘s opening and closing arguments clearly indicated, that the government‘s theory of the crime was that appellant had tried to prevent Fenwick from reporting the

Builta, Jr. v. Guzman

District of Columbia Court of Appeals · Oct 3, 2024

Builta’s wife “has clearly made significant efforts to care for [E.A.], treat him exactly the same as she would her own biological children, and establish an environment that is appropriate given his multi-racial background … It is well established that we will not reverse due to merely “technical errors or defects.”84 Finally, Ms.

Lori A. Saxon . Todd D. Zirkle and Jane Khoury and Olivia Baker

97 A.3d 568 · District of Columbia Court of Appeals · Aug 14, 2014

“That determination will not be disturbed on appeal unless the [trial] court clearly abused its  5 discretion.” Id. (internal quotation marks omitted). … Saxon was qualified and appeared to be employable, that there was no evidence that Ms.

Trice v. United States

525 A.2d 176 · District of Columbia Court of Appeals · Apr 27, 1987

It found that a specific intent instruction would be “highly inappropriate” and stated, “I clearly find that this is a general intent crime.” … A bodily movement, to qualify as an act forming the basis of criminal liability, must be voluntary.” W.R. LaFave & A.W. Scorr, Jr., Criminal Law § 25 (1972). See also R. Perkins & R.

Rose v. United States

629 A.2d 526 · District of Columbia Court of Appeals · Aug 5, 1993

There is other evidence in the record sufficient to establish that appellant had a reasonable expectation of privacy in the premises. … We do not agree with Judge WagneR that “applicable law clearly supports” the trial court’s ruling. Post at-(emphasis added).

Wendy Paola Destefano v. Children's National Medical Center

121 A.3d 59 · District of Columbia Court of Appeals · Jul 23, 2015

We assume, for the purposes of this appeal, that Belete’s supervisors qualified as managing agents of Colonial.  13 him. 839 A.2d at 686. … However, an affidavit can only be considered a sham if it “clearly contradict[s] prior sworn testimony.” Id. at 930 (emphasis added). Ms.

District of Columbia v. Kraft

35 App. D.C. 253 · District of Columbia Court of Appeals · May 10, 1910

. *260 ■'■ ‘This society is clearly not one of that kind. … We see no reason for withdrawing or qualifying the foregoing observations in the light of the evidence in this case, for, as said before, the businesses are the same, notwithstanding some immaterial differences.

Al-Mahdi v. United States

867 A.2d 1011 · District of Columbia Court of Appeals · Feb 10, 2005

“[Wjhere, following a hearing, the defendant has established a substantial likelihood of actual prejudice from the unauthorized contact, ... … “Our review is deferential because the question of prejudice turns substantially on the judge’s appraisal of the juror’s demeanor ... and is therefore one about which the trial judge is ‘especially qualified to render a sound

Shoppers Food Warehouse v. Moreno

746 A.2d 320 · District of Columbia Court of Appeals · Feb 17, 2000

rather than the words “relate to,” in concluding that “one can hardly demand the right to come to the District of Columbia to pursue activities exclusively on behalf of an out-of-state principal and expect to be absolutely immune … Daniels also concluded that "defendant’s activities, i.e., the advertising and soliciting for business which presumably has attracted this plaintiff, as well as many other District of Columbia residents to its stores, clearly