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November 13, 2008
On March 17, 2002, Markus Johnson, an aspiring model, killed Michael Myers, the owner of a modeling agency, by inflicting numerous wounds with,... ... ... among other implements, two knives, a screwdriver, a floor buffer, and finally, a hacksaw. That Johnson committed the act is uncontested. And by all accounts, the scene of the killing was horrific... A grand jury indicted Johnson for first-degree premeditated murder while armed with aggravating circumstances (that "the murder was...  
November 13, 2008
Tomika Hamilton and Jonathan Hamilton allege that Howard University Hospital and Mark Furline took adverse employment actions against their late mother, De'Borah Hamilton, for discriminatory reasons or in retaliation for opposing... ... ... unlawful discrimination.1 They also claim that the defendants violated their mother's rights under the District of Columbia Family and Medical Leave Act. The trial court granted summary judgment in favor of defendants. We affirm... I. Background... Our...  
November 6, 2008
Appellant (Lee) was found guilty by a jury of second-degree murder while armed for the stabbing death of Melvin Hairston. The main issue he raises, and the only one we decide, is whether the trial judge erred in refusing to instruct the jury on mitigating circumstances, see CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT OF COLUMBIA (the Redbook), No. 4.19 B (2007 ed.), where evidence supported the instruction but neither party had requested (and the judge did not give) an instruction on the lesser...  
November 6, 2008
Appellant was fined $100 each on two counts of having allowed his dog to be "on [a] public space" without a leash, in violation of 24 DCMR § 900.3. He argues that the regulation is invalid, because the Commissioners (the then-governing administrative body in the District of Columbia) adopted it before the relevant congressional enabling legislation took effect. He argues, in the alternative, that he was entitled to a jury trial on the charges. We affirm... ... ... In 1961, Congress...  
November 6, 2008
On September 15, 2008, counsel for Chevy Chase Buick wrote a letter to the Clerk of this Court in which he noted that, while the dispositive issues below had been resolved, a motion for attorney's fees filed by Hyundai Motor Finance Co. remained pending in the trial court. Construing the letter as a motion to dismiss for lack of appellate jurisdiction, we deny it. A judgment is final for purposes of appeal notwithstanding the pendency of a post-trial motion for attorney's fees. See Pallie v....  
October 30, 2008
Petitioner, Mrs. Douglas-Slade, seeks review of an Office of Administrative Hearings (OAH) order affirming a Department of Employment Services (DOES) determination denying her claim for unemployment benefits. Because OAH failed to consider evidence supporting petitioner's claim of employer retaliation, this court remands petitioner's case to OAH for consideration of whether the alleged retaliation constituted "good cause connected with the work" for petitioner to resign. See D.C. Code...  
October 30, 2008
On consideration of the certified opinion of the Maryland Court of Appeals suspending respondent from the practice of law in that jurisdiction for 90 days, see Atty. Grievance Comm'n v. Ugwuonye, 952 A.2d 226 (Md. 2008), this court's September 10, 2008, order suspending respondent pending further action of the court and directing him to show cause why identical reciprocal discipline should not be imposed, and the statement of Bar Counsel regarding reciprocal discipline, and it appearing that...  
October 30, 2008
On further consideration of the certified copy of the order from the Court of Appeals of Maryland suspending respondent by consent, see Attorney Grievance Comm'n of Md. v. Avendano, Misc. Docket AG No. 29 (Md. Nov. 6, 2007), this court's January 25, 2008, order that suspended respondent from the practice of law pending further action of the court, the September 23, 2008, Report and Recommendation of the Board on Professional Responsibility that recommended the suspension of respondent for 90...  
October 30, 2008
On May 4, 2005, a grand jury indicted appellant on one count of armed carjacking (knife) (D.C. Code §§ 22-2803 and -4502), three counts of armed kidnapping (knife) (D.C. Code §§ 22-2001 and -4502), three counts of armed second degree cruelty to children (D.C. Code §§ 22-1101(b) and 22-4502) (subsequently amended to delete the "armed" element pursuant to D.C. Code §§ 22-4501 (f)-(g)), one count of assault with a dangerous weapon (car) (D.C. Code...  
October 30, 2008
Appellant (hereafter Blunt) was found guilty by a jury of armed voluntary manslaughter and possession of a prohibited weapon, both arising from the death of Robert Ford. On appeal, Blunt first argues that the trial judge erroneously allowed a prosecution witness to explain that she was afraid to testify because she had been "stabbed nine times and almost lost my life by testifying" — inferentially to the grand jury in this case — when no evidence linked Blunt to the...  
October 30, 2008
Following a jury trial, Larry A. Gause and Karlepa Wilkey were convicted of armed robbery of a senior citizen and of several related weapons offenses. On appeal, appellants contend, as they did in the trial court, that the trial judge erred by denying Gause's request for discovery, joined by Wilkey, relating to jury-selection records and certain other jury information. The judge denied Gause's motion (the Jury Motion), as well as Gause's request for discovery, upon the ground that Gause had...  
October 30, 2008
A jury found appellant, Eric R. Hill, guilty of two counts of assault with a dangerous weapon (knife and pistol),1 carrying a dangerous weapon (knife),2 possession of a firearm (pistol) during a crime of violence,3 and threatening to injure a person (Marlin T. Hill).4 Appellant argues that (1) the trial court violated his Sixth Amendment right to represent himself by appointing unwanted standby or advisory counsel to assist him;... ... ... (2) his due process rights were violated when the trial...  
October 30, 2008
David Cormier, who owns eight residential properties in northwest Washington, D.C., brought this action alleging negligence, product liability, breach of contract and seven other claims. He alleged that over a period of many years, the District... ... ... of Columbia Water and Sewer Authority (WASA) has delivered corrosive water to his properties, thereby causing pinhole leaks in, and damaging, the pipes and other plastic fixtures in his buildings. Cormier asked the court to award compensatory...  
October 30, 2008
The sole issue in this appeal is whether the Rental Housing Act of 1985 requires a landlord, before suing for possession, to provide tenants with an opportunity to cure violations of tenancy obligations when six months earlier the landlord gave notice of similar violations, which the tenant cured. Appellant Borger Management invites us to read the statutory language broadly and require only one notice to cure before a landlord may issue a notice to quit for a subsequent violation, even if the...  
October 23, 2008
On further consideration of the certified copy of the notice from the Court of Appeals of Maryland acknowledging that respondent was disbarred by consent, effective August 14, 2008, this court's September 19, 2008, order that suspended respondent from the practice of law and directed her to show cause why identical reciprocal discipline should not be imposed, the response thereto wherein respondent consents to disbarment in this jurisdiction, the reply from Bar Counsel, and it appearing that...  
October 23, 2008
On further consideration of the certified copy of the order issued by the Supreme Court of New Jersey disbarring respondent, see In re Zander, No. D-94 (N.J. September 14, 2007), following his conviction for acting as an accessory after the fact to mail fraud, this court's November 13, 2007, order in no. 07-BG-1187 suspending respondent from the practice of law pending final disposition by this court, this court's March 4, 2008, order in 08-BG-81 referring the matter to the Board directing it...  
October 23, 2008
This matter comes before us for a second time following a remand to the Board on Professional Responsibility ("Board"). We previously affirmed the Board's finding that respondent Godette violated Rules 8.1 (b) (failure to respond reasonably to lawful demand for information from a disciplinary authority) and 8.4 (d) (serious interference with the administration of justice) of the Rules of Professional Conduct and D.C. Bar R. XI, § 2 (b)(3) (failure to comply with an order of the...  
October 23, 2008
On further consideration of the certified copy of the order issued by the Supreme Court of California suspending respondent by default, See In Re Marilla Lane Ross, no.04-C-13590 (Cal. November 28, 2006), this court's August 21, 2007, order suspending respondent from the practice of law pending final disposition by this court, the May 30, 2008, Report and Recommendation of the Board on Professional Responsibility recommending a two year suspension with a fitness requirement, stayed in favor of...  
October 23, 2008
On consideration of the certified opinion of Maryland Court of Appeals disbarring respondent from the practice of law in that jurisdiction, see Atty. Grievance Comm'n v. Wingerter, 929 A.2d 47 (Md. 2007), this court's October 1, 2007, order suspending respondent from the practice of law pending further action of the court, the May 27, 2008, Report and Recommendation of the Board on Professional Responsibility recommending the disbarment of respondent as identical reciprocal discipline, there...  
October 23, 2008
Appellant, Norman Mixon, fell and was injured in a subway station in downtown Washington. He sued the Washington Metropolitan... ... ... Area Transit Authority (WMATA) for negligence, seeking to recover damages for his injuries. The trial court granted WMATA's motion for summary judgment, and appellant noted this appeal. We find no error and, accordingly, affirm the judgment of the trial court... I... While descending a flight of stairs in the Metro Center subway station on November 14, 2001,...  
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