Case law

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.

Ahmad Hamad Al Gosaibi & Brothers Company v. Standard Chartered Bank

98 A.3d 998 · District of Columbia Court of Appeals · Sep 4, 2014

The Superior Court also observed that AHAB‟s claim, even if it had been timely made, was not clearly supported by any of the case law AHAB had cited. … It seems to us that the District‟s interest in this question clearly outweighs whatever interest New York may have.

In Re Berkowitz

801 A.2d 51 · District of Columbia Court of Appeals · Jun 13, 2002

In these circum *56 stances, the Court found that Bar Counsel had not established the “type of intentional or reckless misconduct ... that clearly brings respondent within the Addams disbarment rule.” Id. at 1113. … Respondent’s return of the $357.64 is a mitigating factor, but it does not excuse Respondent’s misappropriation, In re Pierson, 690 A.2d 941, 950 (D.C.1997); In re Clarke, 684 A.2d 1276 (D.C.1996), nor does it qualify for

Ahmed v. United States

856 A.2d 560 · District of Columbia Court of Appeals · Apr 22, 2004

H.A.’s therapist, qualified as an expert in the area of clinical therapy and assessment, stated that the continuing testimony was beginning to have a “multiple effect” that would ultimately escalate H.A.’s stress to trauma … In this case, “the trial court made comprehensive findings ... which clearly satisfy all the Craig criteria.” Id.

W.M. v. D.S.C.

591 A.2d 837 · District of Columbia Court of Appeals · May 21, 1991

Wurzinger was only minimally qualified to testify as an expert in paternity testing and was unfamiliar with the laboratory used. … by the fact of marriage and may take some time to be established.

Young v. United States

63 A.3d 1033 · District of Columbia Court of Appeals · Apr 4, 2013

Craig was qualified as an expert in forensic serology and DNA analysis. … “[Tjestimony need not be explicit to qualify as hearsay....

Rocha-Guzmán v. District of Columbia Department of Employment Services

170 A.3d 170 · District of Columbia Court of Appeals · Sep 28, 2017

(providing that in administrative proceedings a qualified interpreter "shall” be appointed "upon the request of the communication-impaired person”). … The ALJ commented that petitioner "requested a translator yet he clearly was able' to understand the questions asked in English and on many occasions answered questions in English before the translator finished translating

Crews v. United States

389 A.2d 277 · District of Columbia Court of Appeals · Jun 14, 1978

While there are no clear criteria against which to assess such interim occurrences, it is evident that to purge the taint the government must establish a “significant intervening event [which] altered the relationship established … To the contrary, the government maintains that “an illegal arrest is the most that this record establishes.”

In re L.W.

613 A.2d 350 · District of Columbia Court of Appeals · Aug 4, 1992

The testimony established, and the trial judge found, that L.W. is a “special needs” child. … The evidence at the hearing established that the adoptive parents are well qualified to provide L.W. with the care and supervi *358 sion which she needs. According to Dr.

Stephen M. Sullivan v. AboveNet Communications, Inc.

112 A.3d 347 · District of Columbia Court of Appeals · Mar 26, 2015

Although Sullivan did not initially see what had tripped him, as he was lying on the street, he could “clearly” see that his foot had first gotten caught on the “edge of [a] manhole cover,” and that his foot then tripped … Based on Balgowan‟s credentials and his testimony regarding his methodology, the trial court qualified him as an expert.

W.D. v. C.S.M.

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. … Among these are: (1) a fact-finding hearing and written findings as to whether the child is neglected (D.C.Code § 2317(a) & (b)); (2) a predisposition study by the Director of Social Services, or qualified agency concerning

Jones & Artis Construction Co. v. District of Columbia Contract Appeals Board

549 A.2d 315 · District of Columbia Court of Appeals · Oct 25, 1988

Code §§ 11-722 (establishing jurisdiction over agency action); § l-1510(a) (limiting review to contested cases) (1987). … Unlike the federal system, the Model Code establishes the same forum for resolving both kinds of complaints.

Benn v. United States

978 A.2d 1257 · District of Columbia Court of Appeals · Sep 3, 2009

Moreover, the court did not follow the analysis established in Dyas v. … Thus, the appellate court must not affirm a ruling premised on trial court discretion unless the record clearly manifests either (1) that the trial court has ruled on each essential criterion, or (2) that the trial court,

James Allen Campbell v. Us

163 A.3d 790 · District of Columbia Court of Appeals · Jul 20, 2017

As of 1999, therefore, the statute clearly prohibited possession of an open container of alcohol in a ―parking‖ (as defined in § 25-101 (36)) but not in a vehicle parking lot. … Campbell was found ―might also qualify as a ‗park,‘ where POCA is prohibited‖ under the statute, and that ―[t]he police . . . would have had probable cause to

Williams v. Baker

540 A.2d 449 · District of Columbia Court of Appeals · Jun 21, 1988

Almost every parent can recall numerous episodes of acute anxiety as small children are overtaken by the onslaught of alarming diseases from which few youngsters either in infancy or of school age are immune, to say nothing … In a forceful dissent, Judge Grimes aptly noted that "the genie is now clearly out of the bottle and I can only hope that someone will find a way to get him back in.”

District of Columbia v. Mitchell

533 A.2d 629 · District of Columbia Court of Appeals · Nov 16, 1987

Robb’s expert testimony had not established the required standard of care. … Counsel asserts in his brief that he also was “clearly rebutting the District’s argument that just because two or three people did not see officers in the area where Mr.

Crews v. United States

369 A.2d 1063 · District of Columbia Court of Appeals · Feb 16, 1977

Our conclusion rested upon the well-established principle that, given a fair trial, the fact of an illegal arrest will not vitiate a conviction. Frisbie v. … Here, the illegal arrest of appellant for the sole purpose of obtaining and exhibiting his photograph to the robbery victims, with a view toward having any resulting identification duplicated at trial, is clearly an exploitation

Derzavis v. Bepko

766 A.2d 514 · District of Columbia Court of Appeals · Dec 29, 2000

This court has held, however: [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 … Although appellees may have used poor judgment in doing so, there is no indication that the granting of the motion was tainted by that material; on the contrary, the judge’s order clearly set forth the evidence on which he

Speyer v. Barry

588 A.2d 1147 · District of Columbia Court of Appeals · Mar 29, 1991

The CONA was initially established to enable the District to become eligible for federal financial assistance. … These are the kinds of concerns, on the other hand, that the SHPDA is empowered and qualified to consider.

Hornstein v. Barry

560 A.2d 530 · District of Columbia Court of Appeals · Jun 20, 1989

of its nonessentials like the lengthy discourse on the duty of judges to refrain from invalidating federal and local statutes, irrespective of reservations concerning the wisdom of the particular enactment unless it is clearly … See Eastlake, supra (establishing the doctrine that if a land use restriction dependent on some sort of referendum is valid, it must be a referendum in which all qualified registered voters in the city may participate).