Case law

Andre Holmon v. District of Columbia

202 A.3d 512 · District of Columbia Court of Appeals · Feb 28, 2019

Unreliability That the missed call information on the cellphone screen is not properly characterized as hearsay does not mean that its admissibility is immune from any challenge. … Hollonquest between 1:00 and 1:30 p.m. on November 15, 2014, but no evidence at trial established the times at which the missed calls were made; (2) the government did not definitively establish that appellant made

Napper v. United States

22 A.3d 758 · District of Columbia Court of Appeals · Jun 9, 2011

He argued in addition that the phone calls qualified as “oral communications” under the wiretapping statute, and that the police unlawfully “intercepted” them. … Reeves received a letter of use immunity and was ordered to testily. 2 .

Boykin v. United States

738 A.2d 768 · District of Columbia Court of Appeals · Sep 23, 1999

Moreover, the prosecutor did not ask to have Warren's answer excluded, but simply wanted an opportunity to explain to the jury why Warren had been immunized and to rebut any testimony elicited by the defense. 16 . … In Winfield, 676 A.2d at 5 , we expressly overruled the prior "clearly linked” standard established in Brown v. United States, 409 A.2d 1093 (D.C. 1979), and Beale v.

IN RE TA.L. IN RE A.L. IN PETITION OF R.W. & A.W. IN RE PETITION OF E.A.A.H. AND T.L.

149 A.3d 1060 · District of Columbia Court of Appeals · Dec 8, 2016

CFSA also did not make any attempts to contact E.A. and qualify her as a kinship placement. … The trial court stated that it gave “weighty consideration” to the biological parents’ preference for E,A, to adopt A.L. and Ta.L., but that evidence presented at trial clearly established that the children’s primary attachments

Strand v. Frenkel

500 A.2d 1368 · District of Columbia Court of Appeals · Nov 13, 1985

Because of such merger, the underlying merits of the judgment are immune from collateral attack in an enforcement action; principles of claim preclusion (res judicata) bar such inquiry. See Henderson v. Snider Bros. … The Rental Accommodations Commission was the statutory predecessor of the RHC, which was established under the Rental Housing Act of 1980 (the 1980 Act). See D.C.Code §§ 45-1511, -1512 (1981). 2 .

Johnson v. United States

980 A.2d 1174 · District of Columbia Court of Appeals · Sep 17, 2009

Thus, we cannot say that the court’s decision that Adrianne was in the required state was clearly erroneous. … Adrianne’s testimony clearly indicates that additional people were present at the time of the attack.

George Washington University v. Violand

932 A.2d 1109 · District of Columbia Court of Appeals · Sep 20, 2007

Such allegations, however, clearly fall outside the applicable one year statute of limitations applicable to claims arising under the District of Columbia Human Rights Act.... … immunity, a well-established general legal rule that trumps the new rule of law, which general rule reflects both reliance interests and other significant policy justifications, or (4) a principle of law ... that limits

Lewis v. United States

938 A.2d 771 · District of Columbia Court of Appeals · Dec 31, 2007

Nevertheless, there are three factors which must be established before a statement may be admitted into evidence as an excited utterance. … Coleman’s obvious distress, we are satisfied that her initial, spontaneous statements were clearly non-testimonial.

Gay Rights Coalition of Georgetown University v. Georgetown University

496 A.2d 567 · District of Columbia Court of Appeals · Jul 30, 1985

“University recognition” without qualifying for “funding,” other than the financial support inherent in receipt of a Student Government Charter. … Clearly, Georgetown — a religiously affiliated university — falls somewhere between a purely sectarian and altogether secular institution.

Douglas v. Kriegsfeld Corp.

884 A.2d 1109 · District of Columbia Court of Appeals · Oct 13, 2005

The trial court, after hearing evidence and argument, understood the tenant’s request clearly, accepted that the D.C. government would not want to clean the apartment without assurance that the tenant could stay there after … The landlord thereby kept the level of specificity required to establish prima fa-cie “reasonableness” at the minimum.

Pyne v. Jamaica Nutrition Holdings Ltd.

497 A.2d 118 · District of Columbia Court of Appeals · Aug 23, 1985

The company agreed not to seek Rose’s extradition from the United States, 2 to grant, upon his request, immunity from any prosecution the Jamaican Government may institute, and to hold in abeyance any legal proceedings pending … This was clearly established by the terms of his employment contract with the company and his fiduciary duty as an officer of the company.

Shannon & Luchs Co. v. Jeter

469 A.2d 812 · District of Columbia Court of Appeals · Oct 24, 1983

In place of the remedy of termination of service, the receivership remedy was established. … A landlord, however, stands in clearly distinguishable shoes from an unjoined contract purchaser.

Morrison v. MacNamara

407 A.2d 555 · District of Columbia Court of Appeals · Oct 2, 1979

Varying geographical standards of care are no longer valid in view of the uniform standards of proficiency established by national board certification. … Clearly, because of the doctor’s ability to understand and interpret medical matters, the doctor generally owes a greater duty to his patient than the patient owes to himself. See Martineau v.

Reiman v. International Hospitality Group, Ltd.

614 A.2d 925 · District of Columbia Court of Appeals · Sep 29, 1992

One cannot be subject to liability in that capacity alone, apart from any representations or appearances relied upon by a creditor, until and unless one has taken steps to establish himself as a limited partner and has clearly … bound himself in that capacity and the obligation at issue is clearly of that particular partnership.

Loewinger v. Stokes

977 A.2d 901 · District of Columbia Court of Appeals · Jul 30, 2009

Moreover, even if a receiver were permitted to make the type of delegation of authority suggested by the respondents, the evidence at the show-cause hearing clearly established that Lanier Associates and its lawyers failed … The evidence presented at the show-cause hearing thus clearly establishes that The Jason Corporation intended to make a very limited delegation of its authority to initiate nonpayment actions in the Landlord and Tenant Branch

American University v. District of Columbia Commission on Human Rights

598 A.2d 416 · District of Columbia Court of Appeals · Oct 17, 1991

The record shows that the Commission is clearly wrong in its observation. … The nature of the proof required to establish a prima facie case varies with the type of discrimination alleged.

Jones v. United States

16 A.3d 966 · District of Columbia Court of Appeals · Apr 7, 2011

“The key to establishing any violation of the APO statute is ‘the active and oppositional nature of the conduct for the purpose of thwarting a police officer in his or her duties.’ ” Dolson v. … Clearly the shove would constitute an assault under the APO statute. However, because there is no evidence that Mr.

Johnson v. United States

683 A.2d 1087 · District of Columbia Court of Appeals · Oct 17, 1996

It held that, by the proffered evidence, the prosecution had established clearly and convincingly that Johnson committed the uncharged crimes. … In cases not subject to Drew, there has also *1099 been a lack of consistency. 12 We think it important that the rule be stated clearly.

Rodgers Bros. Custodial Services v. District of Columbia Board of Zoning Adjustment

846 A.2d 308 · District of Columbia Court of Appeals · Apr 8, 2004

Taylor’s business qualified as a nonconforming use and because Mr. Taylor “relied to his detriment on the government’s promise to give him notice” of any rule changes. Taylor, supra, slip op. at 3-4. … Washington regarding her site inspection and the accompanying photographs clearly show that Rodgers Brothers used a grinding machine to grind solid waste mixed with dirt.

Parker v. United States

406 A.2d 1275 · District of Columbia Court of Appeals · Aug 17, 1979

In my view, the issue is, once the evidence established that Mrs. … Thus the two, if proven beyond a reasonable doubt, establish that the defendant’s act was the cause of death.