Case law

Roy v. United States

652 A.2d 1098 · District of Columbia Court of Appeals · Jan 19, 1995

But, I’m not satis-fled that that justifies a severance in this case of what are clearly, properly and really necessarily joined offenses. … Under the case law, these charges are clearly properly joined. They would be joined properly under [Super.Ct.Crim.] Rule 8(a), if Mr.

Carey v. Crane Service Co., Inc.

457 A.2d 1102 · District of Columbia Court of Appeals · Feb 16, 1983

On the day following Carey’s accident and qualifying injuries, his employer filed Form BEC-202 (Employer’s First Report of Accident or Occupational Illness) with the proper government offices, and on April 7, his employer … “The elimination of the shipowner’s cause of action against the stevedore was intended to reduce litigation, immunize stevedores and their insurers from liability in third-party actions, and assure conservation of stevedore

Benoit O. Brookens, II v. United States

182 A.3d 123 · District of Columbia Court of Appeals · Apr 5, 2018

Brookens violated District of Columbia Court of Appeals Rule 49 as amended in 1998, the evidence fails to establish that Mr. … Brookens‘s challenge to the sufficiency of the evidence and examine whether the evidence is sufficient to establish that Mr.

Stewart v. District of Columbia

District of Columbia Court of Appeals · Mar 16, 2023

The court found that appellant’s evidence was insufficient as a matter of law to establish DCWPA violations. … We disagree, however, that the record unambiguously establishes that appellant knew the inmate had been injured during the clipboard incident.

McNeely v. United States

874 A.2d 371 · District of Columbia Court of Appeals · May 12, 2005

His defense at trial centered largely on the absence of evidence establishing beyond a reasonable doubt that the attack upon Avery was unprovoked. … New York, 254 U.S. 228, 280 , 41 S.Ct. 103 , 65 L.Ed. 285 (1920) (“Property in dogs is of an imperfect or qualified nature and they may be subjected to peculiar and drastic police regulations by the State without depriving

Grant v. District of Columbia

908 A.2d 1173 · District of Columbia Court of Appeals · Oct 12, 2006

D.C.Code § 1-608.01(a). 3 .The Management Supervisory Service was established "to ensure that each agency has the highest quality managers and supervisors who are responsive to the needs of the government.” … Clearly, it was a mistake (even though an inadvertent one) to decide the District’s motion without considering Grant’s request for an enlargement of time.

Richardson v. District of Columbia Redevelopment Land Agency

453 A.2d 118 · District of Columbia Court of Appeals · Nov 17, 1982

In the absence of statutorily authorized review, a federal court will consider the well-established presumption favoring judicial review. See Barlow v. … Hirsch, 331 U.S. 752, 771 , 67 S.Ct. 1493, 1502 , 91 L.Ed. 1796 (1946) (“[I]t seems obvious, in view of the Act’s terms, history, objects and the policies incorporated, that Congress clearly and at the very least intended

Gabrielian v. Gabrielian

473 A.2d 847 · District of Columbia Court of Appeals · Mar 7, 1984

Gabrielian cannot establish a claim to a portion of it. On the present record, we cannot conclude that Mrs. Gabrielian has no interest in the real properties. … Bell, 38 Md.App. 10, 14 , 379 A.2d 419, 422 (1977) (challenger bears burden of establishing invalidity); Simmons v.

Tawanda Sheffield, Steven D. Lewis, and Allen Butler v. United States

111 A.3d 611 · District of Columbia Court of Appeals · Mar 12, 2015

On the facts found by the trial court, which Butler does not allege were clearly erroneous, we find that Butler’s claim lacks merit and we affirm the trial court’s denial of the motion to suppress. See Bean v. … Pierre-Louis was qualified as an expert in the field of forensic pathology and she testified that she had reviewed the  21 autopsy file, which was not offered into evidence, and would

Sullivan v. United States

404 A.2d 153 · District of Columbia Court of Appeals · Jun 26, 1979

Under these circumstances, it was not clearly erroneous for the trial court to find that no Jencks Act statement of complainant existed, without hearing additional testimony. II. … Narrative statements by a person suffering from an illness or injury made to a physician in order to enable the physician to qualify as a witness in an action where the patient’s condition is in issue, and not for treatment

Ethiopian Orthodox Tewahedo Church, Inc. v. Akilu Habte

District of Columbia Court of Appeals · Aug 31, 2023

Noting, in particular, the trial court’s equivocal statement that there was “reason to believe” the 2014 and 2015 elections were invalid, we said dismissal on that basis would be unwarranted without “a clearly explained … The unadopted 2012 Bylaws more clearly define who may vote.

Lyons v. Barrazotto

667 A.2d 314 · District of Columbia Court of Appeals · Oct 31, 1995

Fisher, who is Board certified in the field of general and traumatic surgery, qualified as an expert witness in his specialties without objection. Dr. … Although there was evidence that Barra-zotto’s experts were well-qualified, each of them saw Lyons only once for less than an hour, and more than two years after the accident.

Sonmez v. WP Company, LLC

District of Columbia Court of Appeals · Jan 30, 2025

If the evidence Sonmez is able to marshal supports that factual allegation, the second ban plausibly may qualify as a deprivation of employment opportunities or a reassignment with significantly different responsibilities … The force of a newspaper’s #MeToo reporting can clearly be affected by delivering its messages through those, like Sonmez, whose own sexual assault allegations are at the center of national news.

In re C.L.W.

467 A.2d 706 · District of Columbia Court of Appeals · Aug 22, 1983

Thus, it seems too clear for further discussion that, assuming again arguendo that the report was Brady material, appellant was clearly not prejudiced by the government’s failure to disclose the material before trial. … The trial judge, as trier of both the law and facts, was uniquely qualified to assess the evidence and proceedings and make a judgment respecting the Brady issue and the effect, if any, of non-disclosure.

JOHN DOE NO. 1 v. SUSAN L. BURKE

133 A.3d 569 · District of Columbia Court of Appeals · Mar 10, 2016

The distinction could hardly be clearer between when, to qualify for attorney‟s fees, a party must show frivolousness or improper motive in the opponent‟s action, and when not. … Moreover, a successful movant does not establish that the respondent violated any law, federal or local.

Plummer v. United States

43 A.3d 260 · District of Columbia Court of Appeals · May 10, 2012

Michael Leroy Middleton, a consultant to the Recording Industry Association of America, was qualified as an expert on illegal recording *265 and deceptive labeling of CDs. … Allan Meyer, qualified as an expert in the manufacturing and distribution of DVDs, provided similar testimony.

Taylor v. United States

661 A.2d 636 · District of Columbia Court of Appeals · Jun 22, 1995

Noting that decisional law well establishes that a voice exemplar is demonstrative, not testimonial, evidence, we ruled that Judge Scott should have made the admissibility decision after inquiring into the reliability of … Shuy, and is clearly a proper factor. See Love, 457 P.2d at 628 . . THE COURT: Well, Dr.

In re O.M.

565 A.2d 573 · District of Columbia Court of Appeals · Oct 4, 1989

Although a juvenile petition does not technically charge a crime, the rendition procedures established by the Compact for juveniles charged with delinquency are designed to be essentially the same as those long established … First, New Jersey’s participation in the Compact itself is qualified by a statute, enacted when New Jersey became a signatory to the Compact, which provides that a *582 juvenile may not be returned to the demanding State

United States v. Holmes

343 A.2d 272 · District of Columbia Court of Appeals · Aug 14, 1975

The first is that it is clearly in the interest of fairness that the defense be able to prepare to cross-examine and test the credibility of the government’s witnesses. 10 The second, which the Advisory Committee finds even … The general rule does not afford the government immunity from the court’s mandate.

Everett Miles v. United States

181 A.3d 633 · District of Columbia Court of Appeals · Mar 29, 2018

See also ante at 637 (acknowledging that we defer to trial court's factual findings unless clearly erroneous). Fifth, Mr. Miles fled after being asked to stop. See, e.g. , Illinois v. … In my view, controlling precedent establishes that the officers' decision to stop Mr. Miles was lawful. I therefore respectfully dissent.