Case law

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.

Washington Hospital Center v. Martin

454 A.2d 306 · District of Columbia Court of Appeals · Nov 30, 1982

[I]f a case involves the merits and performance of scientific treatment, complex medical procedures, or the exercise of professional skill and judgment, a jury will not be qualified to determine whether there was unskillful … 772, 795-796 , cert. denied, 409 U.S. 1064 , 93 S.Ct. 560 , 34 L.Ed.2d 518 (1972). 6 Recognizing that the Butler case seriously undermines its position, appellant attempts to distinguish it by pointing out that there was “clearly

Webb v. United States

District of Columbia Court of Appeals · Jul 18, 2024

[and] that [body worn camera] footage qualifies as physical evidence” (emphasis in original)); People v. Rieger, 436 P.3d 610, 613-14 (Colo. … App. 2019) (noting that “‘physical evidence’ has an established meaning in law, representing the form in which evidence is presented to a fact-finder” and concluding that “electronically stored, digital images . . . qualify

Dunham v. District of Columbia

442 A.2d 121 · District of Columbia Court of Appeals · Jan 29, 1982

Appellants’ remaining contention — that the court admitted irrelevant evidence — clearly lacks merit. … training or instruction for the purpose of enabling an individual to improve his appearance, social aptitude, social skills, intellectual aptitude, personality, or other personal attributes or which purports to prepare or qualify

Lex Tex Ltd., Inc. v. Skillman

579 A.2d 244 · District of Columbia Court of Appeals · Aug 22, 1990

We held first that the plaintiff was an “independent contractor,” id- at 812 n. 7, and could not rely on its own activities to establish any contact between the defendants and the District. … Nor do the defendants have any claim to immunity from jurisdiction based on First Amendment rights of their own.

Jackson v. Goode

49 A.2d 913 · District of Columbia Court of Appeals · Nov 25, 1946

Other cases clearly hold that declarations by persons in possession of personal property are competent only when they are explanatory of the character of their possession, but not of the means or method by which they acquired … Defendant insists the modification was error and that she had a right to have the jury told that plaintiff was required to establish that on the day she filed her replevin suit she was entitled to immediate and exclusive

DISTRICT OF COLUMBIA v. MELVERN REID

104 A.3d 859 · District of Columbia Court of Appeals · Dec 18, 2014

The court determined that this was “not a reason that [it] should deny relief to the plaintiffs when the plaintiffs have clearly established that they are entitled to injunctive relief,” and explained that this was an issue … Cir. 2005), is clearly exceptional.

Sullivan v. North American Accident Insurance Co.

150 A.2d 467 · District of Columbia Court of Appeals · Apr 21, 1959

Since the finding of “no back injury” is so clearly erroneous, it raises serious doubts as to the validity of the finding that appellant was not disabled. … This fact is established by the later X-rays and examination of April 1958, which indicated that the true cause was spondylolisthesis. Appellee points to Dr.

Scolaro v. District of Columbia Board of Elections & Ethics

691 A.2d 77 · District of Columbia Court of Appeals · Mar 20, 1997

The form clearly states, at the top, a legal requirement: “To register to vote in D.C., you must ... be a D.C. resident” and “must not claim the right to vote anywhere outside D.C.” … Therefore, until there is remedial legislation establishing a precertification evidentiary hearing before the Board, a challenger under § 1-1313(c) & (d) will remain free to await Board certification of the election and then

Goodman v. District of Columbia Rental Housing Commission

573 A.2d 1293 · District of Columbia Court of Appeals · May 3, 1990

It was our intent in Blacknall to state clearly that a small landlord exemption could not be granted if the fifth unit was removed either temporarily or in bad faith. … We find that the landlord met the evidentiary burden of establishing that the basement unit was continuously vacant for more than four years, and neither rented nor offered for rent during that time.

Barber v. D.C. Commission on Selection and Tenure of Administrative Law Judges

District of Columbia Court of Appeals · Sep 23, 2021

Removing and Reappointing ALJs COST is a public body that was created by the Office of Administrative Hearings Establishment Act of 2001 (“Establishment Act”). 2 It consists of three voting members and two nonvoting … The language of the statute that general counsel is the ‘final authority’ clearly mandates that result.”)

Carrington v. District of Columbia

77 A.3d 999 · District of Columbia Court of Appeals · Oct 17, 2013

Zarwell was qualified as an expert in forensic toxicology. 1 Mr. … Under this court’s interpretation of Williams in Young , the results of appellant’s urinalysis clearly constitute testimonial statements.

Shi Mui Liu v. Allen

894 A.2d 453 · District of Columbia Court of Appeals · Mar 16, 2006

The application clearly stated that *456 Liu had worked for Blooming Star in Hong Kong until May of 1995 and then entered the United States on her temporary visitor’s visa the following month. … Even if that assessment may not have been borne out by subsequent events, the conflict between qualified and competent experts on this central point was substantial enough to preclude a determination that Allen was negligent

Marcus v. United States

476 A.2d 1134 · District of Columbia Court of Appeals · May 17, 1984

subsequent arrests or convictions, however, seems to be an appreciation of the very practical fact that when the accused chooses to offer evidence of his truth and honesty, and to testify himself, the character evidence (even if qualified … This problem should not occur, we note, when the character trait established is clearly distinct from credibility — such as reputation for peace and good order. 13 .If it assumed arguendo that the trial court’s ruling had

United States v. Barber

20 D.C. 79 · District of Columbia Court of Appeals · Jun 9, 1891

H. was “ choked, suffocated and •drowned,” was, without the addition of any qualifying epithet, a sufficient showing that the injury was of a homicidal character. We make this observation, not as a criticism upon Mr. … This was clearly a misapprehension of the learned author’s method.

Dada v. Children's National Medical Center

763 A.2d 1113 · District of Columbia Court of Appeals · Nov 2, 2000

R. 6(b), in order to qualify for the relief she sought, it will be also incumbent upon appellant to satisfy the trial court that appellant’s failure to act in timely fashion was due to excusable neglect. … Poku-Dankwah’s hearing testimony clearly reveals that Ms. Nwadike was not aware of Dr.

Hudson v. United States

234 A.2d 903 · District of Columbia Court of Appeals · Nov 14, 1967

It is my opinion that the local community standard should govern and that a jury is as well qualified to determine the question as any expert. 5 There is another reason why I feel that the assumed national standard should … Although defense counsel attempted to establish that the sole reason the appellants were charged was because the dancers appeared without any covering on their breasts (without pasties), the *907 record shows clearly the

Kamit Institute for Magnificent Achievers v. District of Columbia Public Charter School Board

55 A.3d 894 · District of Columbia Court of Appeals · Nov 15, 2012

The Kamit Institute for Magnificent Achievers Kamit was a public charter school established in 2000 and approved by the’ BOE. … While Kamit may take issue as to whether every single one of the multiple criticisms of the school set forth in the PCSB statement could qualify as a basis for revocation, no clear challenge to the authority of the PCSB was

Grillo v. National Bank of Washington

540 A.2d 743 · District of Columbia Court of Appeals · Mar 31, 1988

“A substantial question will exist ‘unless [the] injuries were clearly not compensable under the [statute].’ ” Tredway v. District of Columbia, 403 A.2d 732, 735 (D.C.) … Consequently, it seems clear that appellants must seek to recover under the WCA and cannot avoid the immunity which is provided to NBW by the statute.

Little v. United States

989 A.2d 1096 · District of Columbia Court of Appeals · Feb 25, 2010

Regarding the AAWA conviction, this evidence clearly establishes that while armed with a knife, appellant knowingly and intentionally “engaged in conduct which created a grave risk of serious bodily injury to [complainant … Appellant further asserts that because the certificates are only generated in anticipation of prosecution and not kept regularly as part of the MPD’s business records, they do not qualify under the business record exception