Case law

Lewis v. United States

District of Columbia Court of Appeals · Dec 2, 2021

The trial judge must be satisfied that (1) the witness is qualified as an 4 147 A.3d 751 (D.C. 2016) (en banc). 5 See Dyas v. United States, 376 A.2d 827 (D.C. 1977); Frye v. … and that, if left uncorrected, would permit a miscarriage of justice to stand or otherwise compromise the fairness, integrity, or public reputation of judicial proceedings. 46 Appellant has not shown the trial judge clearly

United States v. Scott

987 A.2d 1180 · District of Columbia Court of Appeals · Jan 28, 2010

Fourth Amendment Analysis In reviewing a trial court’s decision on a motion to suppress, we follow certain well-established principles. … United States, 362 U.S. 257, 261 , 80 S.Ct. 725 , 4 L.Ed.2d 697 (1960) ("In order to qualify as a 'person aggrieved by an unlawful search and seizure’ one must have been a victim of a search or seizure, one against whom the

In re Brown

District of Columbia Court of Appeals · Mar 7, 2024

It is a “fundamental principle that an attorney’s ethical duties to a client arise not from any contract but from the establishment of a fiduciary relationship between attorney and client.” Id. at 379. Mr. … He further argued that being unaware of a tax liability does not qualify as reasonable cause under New York tax law.

In re Brown

District of Columbia Court of Appeals · Mar 7, 2024

It is a “fundamental principle that an attorney’s ethical duties to a client arise not from any contract but from the establishment of a fiduciary relationship between attorney and client.” Id. at 379. Mr. … He further argued that being unaware of a tax liability does not qualify as reasonable cause under New York tax law.

Veney v. United States

929 A.2d 448 · District of Columbia Court of Appeals · Aug 2, 2007

The record does not clearly establish whether appellant complied with these conditions. 10 . Appellant in this case was charged with "a crime of violence” — child sexual abuse. See D.C.Code § 23-1331(4) (2001). 11 . … The court also ruled that the government would have to establish by clear and convincing evidence that such prior abuse had occurred.

Bethea v. United States

365 A.2d 64 · District of Columbia Court of Appeals · Sep 27, 1976

It is quite another thing, however, to qualify as factual the determination that a certain state of disorder ought ,to relieve one from responsibility. This is a moral, not a factual, judgment.” Sollars v. … Clearly the more serious the psychiatric disability, the easier it would he for a defendant to refute the government’s proof of the requisite mens rea.

Launay v. Launay, Inc.

497 A.2d 443 · District of Columbia Court of Appeals · Aug 23, 1985

Even if the unopposed motion for summary judgment may be deemed to establish that no genuine issue of material fact exists, the court must still determine whether the moving party is entitled to judgment as a matter of law … We make no ruling as to whether the Arpads might qualify as "protectors.” . Super.Ct.Civ.R. 41(a) provides: (a) Voluntary dismissal: Effect thereof. (1) By plaintiff; by stipulation.

Long v. United States

36 A.3d 363 · District of Columbia Court of Appeals · Feb 2, 2012

United States, 870 A.2d 27, 33 (D.C.2005) (“By reciting Standard Instruction [No.] 1.07, the trial court stated clearly that facts are established by a witness’s answer, and not by a lawyer’s question. … The judge gave a qualified affirmative response to this ques *394 tion, and a verdict of guilty was returned on the following morning.

In Re JW

837 A.2d 40 · District of Columbia Court of Appeals · Dec 4, 2003

In this case, appellant's culpability has been established beyond a reasonable doubt by his conviction of sexually abusing the child's sibling. … To invoke this plain error exception, the appellant must show that the alleged error is obvious and "so clearly prejudicial to substantial rights as to jeopardize the very fairness and integrity" of the proceeding.

In re Taylor

73 A.3d 85 · District of Columbia Court of Appeals · Aug 1, 2013

The test for plain error is well-established. … Taylor. 10 Two recent decisions from this court— Robertson II and Jackson — establish that it was.

Darab v. United States

623 A.2d 127 · District of Columbia Court of Appeals · Apr 9, 1993

On appeal appellants contend that their convictions violated the Free Exercise and Establishment Clauses of the First Amendment. … Hamoud and Sadiq Hassan-Bey qualified as persons legally authorized to demand that those involved in the disturbance leave. Evidence relating to any disagreement between Dr.

Fells v. Service Employees International Union (SEIU) and District of Columbia

District of Columbia Court of Appeals · Sep 1, 2022

Maybe so, but even if we accept Fells’ description of the Act’s central purpose, its plain terms clearly extend beyond that core purpose. … We “liberally interpret[]” what qualifies as an issue of public interest, and a given statement need only “relate” (rather than expressly refer to) one of the above topics to fall within the Act’s protections.

Scott v. United States

559 A.2d 745 · District of Columbia Court of Appeals · May 10, 1989

Further, the government’s reliance interest clearly is not as great as it would be if Scott’s appeal from his conviction had been affirmed. … The certificate was essential for the successful operation of a hospital; without it a hospital would not qualify for health care reimbursement payments under the federal medicare and medicaid programs. .

George Washington University v. District of Columbia Board of Zoning Adjustment

831 A.2d 921 · District of Columbia Court of Appeals · Sep 11, 2003

But Condition 9(e) clearly serves two functions that advance the District’s goals. First, it strengthens the university’s incentive to comply with the housing provisions. … It is well-established that even Congress itself “clearly cannot define a constitutional right out of existence by preventing courts from crafting an effective remedy.” Gilmore v.

Markowitz v. United States

598 A.2d 398 · District of Columbia Court of Appeals · Oct 15, 1991

Then all of the defendants sat down cross-legged in a circle in the corridor and began chanting loudly and clearly "No Contra Aid." … Its express terms clearly indicate that Congress intended an absolute ban on all types of demonstrations in the Capitol buildings.

Coleman v. United States

948 A.2d 534 · District of Columbia Court of Appeals · May 22, 2008

Spousal Privilege Coleman argues, for the first time on appeal, that he and Shariati “had a common-law marriage,” and therefore, his communications with her — including his confession to her — were protected by a spousal immunity … See id. at 823-24 , 126 S.Ct. 2266 (“A limitation so clearly reflected in the text of the constitutional provision must fairly be said to mark out not merely its ‘core,’ but its perimeter.”). 16 Statements made in casual

Aeon Financial, LLC v. District of Columbia

84 A.3d 522 · District of Columbia Court of Appeals · Feb 6, 2014

The regulations further provide that, once an action to foreclose redemption has been filed, a property will qualify for redemption only if the delinquent property owner “pay[s] in full . . . … Second, the arguments that Aeon belatedly attempts to raise are not clearly articulated or fully developed.

CHARLES S. TURNER,CHRISTOPHER D. TURNER,RUSSELL L. OVERTON, LEVY ROUSE, CLIFTON E. YARBOROUGH, KELVIN D. SMITH, & TIMOTHY CATLETT

116 A.3d 894 · District of Columbia Court of Appeals · Jun 11, 2015

Maryland,1 and that newly discovered evidence, including witness recantations, established their actual innocence of the crimes against Mrs. Fuller. … We agree with the motions judge that this does not qualify as “new evidence” under the IPA, because appellants, in the exercise of reasonable 97 Meade, 48 A.3d at 767.

Dugger v. United States

District of Columbia Court of Appeals · Jun 8, 2023

Uncontested forensic evidence established that Dugger’s thumbprint was on the gun’s magazine. … clearly constitute[s] important impeachment evidence” that it is deficient not to investigate).

In Re TLL

729 A.2d 334 · District of Columbia Court of Appeals · May 13, 1999

United States, 558 A.2d 312, 319 (D.C. 1989) (en banc): For flight to suggest consciousness of guilt—a mentality other than a legitimate desire to avoid the police—that flight not only must be very clearly in response to … The prosecution established that Arkansas officers had received a tip from police in Missouri, but offered no evidence as to the source of the Missouri officers' information.