On January 23, 1996, petitioner Gaynell Nixon sustained injuries to her foot while working for the District of Columbia Housing Authority. She subsequently claimed and received an award of temporary total disability benefits under the Comprehensive Merit Personnel Act ("CMPA").1 In September 2004, the Department of Employment Services ("DOES") informed Nixon that it would reduce her disability benefits beginning in October 2004, on the basis of independent medical evaluations...  

After a jury trial, appellant was convicted of aggravated assault while armed (AAWA) and five related firearms offenses.1 On appeal, he contends that the trial court abused its discretion when it allowed the government to introduce evidence of suspected marijuana that was found on his person and in the console of the car he was driving at the time of his arrest, even though he was not charged with possession of marijuana. Second, he challenges the trial court's ruling that allowed the...  

The dispositive issue in this appeal is whether an employee of a temporary labor services company is also an employee, for purposes of workers' compensation law, of the business entity to which he is assigned to work. Appellee Isaac Anthony Love was detailed by Ready Staffing, Inc. ("Ready Staffing") to work as a truck driver's assistant for appellant USA Waste of Maryland, Inc. ("USA Waste"), a Maryland trash collection company. Love was seriously injured on the job and brought...  

Appellant D.B., the biological mother of A.B., appeals from the trial court's order terminating her parental rights. D.B. presents two issues for review on appeal. First, she argues that the evidence presented did not support the trial court's order terminating her parental rights. Specifically, she contends that the trial judge erred in finding that D.B. was mentally ill and thus unable to care for A.B., and that the trial judge improperly took into account her own observations of D.B.'s...  

The core issue before us in this petition for review is: What is a retaining wall? Petitioners Frank and Constandina Economides posit that what they built as an improvement to their residential property was nothing more than a retaining wall constructed pursuant to a permit issued by the District of Columbia Department of Consumer and Regulatory Affairs ("DCRA"). Respondent, the District of Columbia Board of Zoning Adjustment ("BZA"), along with intervenors, the National Park...  

Dr. Anne Paige Chiapella and the Nebraska Avenue Neighborhood Association ("NANA") petition this court to review and reverse a final order of the District of Columbia Board of Zoning Adjustment ("BZA") dismissing Appeal No. 17127, which alleged zoning violations relating to permits issued on August 25 and November 7, 2003. We conclude that the BZA properly dismissed the appeal of the August permit, but that the BZA erred in dismissing certain allegations raised in the appeal of...  

This is a hybrid attorney discipline case. Based on proceedings conducted in Virginia, the Board on Professional Responsibility ("Board") recommends that we impose on respondent Michael H. Ditton reciprocal discipline in the form of a five-year suspension from the practice of law. In addition, however, the Board recommends "imposition of a fitness requirement... ... ... based on the standard applied in original proceedings." We neither accept nor reject the Board's...  

This reciprocal disciplinary matter stems from respondent David Weaver's voluntary resignation from the California Bar while a disciplinary investigation following a felony conviction was pending. Specifically, respondent was convicted in a California Superior Court on February 16, 2006, of conspiracy to commit the unauthorized practice of law. Respondent reported the conviction to the District of Columbia Office of Bar Counsel in accordance with D.C. Bar Rule XI, § 10 (a), and Bar Counsel...  

Appellant, Latrel L. Gilchrist, appeals his multiple convictions pertaining to the murder of Bernard Davis, and his single conviction relating to the murder of a witness who saw the fatal shooting of Mr. Davis.1 He claims that the trial... ... ... court's application of our decision in Laumer v. United States,2 concerning a declaration against penal interest, constituted reversible error because the first prong of the test articulated in Laumer violated his constitutional rights under the Sixth...  

Appellant, Charles E. Pitt, challenges the Superior Court's order affirming a decision by the Office of Employee Appeals ("OEA") that dismissed his appeal for lack of jurisdiction. On remand from our decision in Pitt v. District of Columbia Dep't of Corrections, 819 A.2d 955 (D.C. 2003) (Pitt I), the OEA concluded that Mr. Pitt "was prevented by the terms of the labor agreement from appealing the final Agency decision" to the OEA. Mr. Pitt claims the unrebutted and substantial...  

This reciprocal disciplinary matter stems from respondent, Robert L. Kline, III's, disbarment in the State of Maryland.1 Respondent's professional conduct violations occurred throughout his representation of MAMSI Life Insurance Company ("MAMSI"). In a collection action before the District Court of Maryland, Baltimore City, respondent knowingly called an employee of his firm to the stand as though she was Donna Tilghman, MAMSI's corporate representative and custodian of records....  

In this reciprocal discipline matter, respondent is challenging the identical reciprocal discipline recommendation made by the Board on Professional Responsibility ("Board"). The Board has proposed that we adopt its recommendation calling for a three-year suspension, to run nunc pro tunc from the date on which respondent filed her D.C. Bar Rule XI, § 14 (g) affidavit with this court, and a requirement that respondent prove her fitness to practice law before being reinstated....  

On consideration of the affidavit of Herbert A. Callihan, wherein he consents to disbarment from the Bar of the District of Columbia pursuant to § 12 of Rule XI of the Rules Governing the Bar of the District of Columbia, which affidavit has been filed with the Clerk of this Court, and the report and recommendation of the Board on Professional Responsibility with respect thereto, it is this 7th day of August, 2008... ORDERED that the said Herbert A. Callihan, is hereby disbarred by consent...  

Appellant was convicted of carjacking while armed, D.C. Code § 22-2803 (b); possession of a firearm during a crime of violence or dangerous offense, D.C. Code § 22-4504 (b); carrying a pistol without a license, D.C. Code § 22-4504 (a); possession of an unregistered firearm, D.C. Code § 7-2502.01; unlawful possession of... ... ... ammunition, D.C. Code § 7-2506.01(3); and unlawful use of a vehicle, D.C. Code § 22-3215. On appeal, he argues that the trial court erred...  

A jury convicted appellant (Burno) of armed assault with intent to rob, assault with a dangerous weapon, and related weapons offenses, crediting evidence that he had shot uniformed police officer Gerald Anderson in the neck in September 1995 while intending to rob the officer of his Glock service pistol... ... ... Burno's main argument on appeal is that the trial court erred in not suppressing his videotaped confession, because police detectives (a) ignored what he contends was an unambiguous...  

Appellant John Barnhardt was charged with assaulting or resisting a police officer, destroying property, reckless driving, and fleeing a law enforcement officer. A jury found Mr. Barnhardt guilty of reckless driving and fleeing a law enforcement officer. Mr. Barnhardt contends that the trial court erred in denying his request for a jury instruction on the affirmative defense to the charge of fleeing a police officer under D.C. Code § 50-2201.05b (c) (2005 Supp.). We affirm... ... ... I......  

Appellant Lloyd Gary was convicted of falsely representing himself as a member of the police force in violation of D.C. Code § 22-1406 (2001). He challenges the sufficiency of the evidence to support his conviction of this misdemeanor and the lawfulness of his sentence. We uphold appellant's conviction and remand for correction of his sentence... ... ... I... On a sufficiency challenge, "we view the evidence and draw all reasonable inferences in the light most favorable to the...  

The trial court granted summary judgment in favor of appellee Kirby H. Thompson, voiding a tax deed issued to appellants Elaine Jones and Nathaniel Lewis because of the District of Columbia's failure to strictly comply with the... ... ... statutory notice requirements. Appellants now ask us to vacate that order and to remand the case for trial. Discerning no legal error, we affirm... I. The Events Leading to this Appeal... This litigation concerns the validity of a tax deed issued to appellants...  

This appeal stems from the trial court's denial of appellant 6921 Georgia Avenue, N.W., Ltd. Partnership's ("Partnership") request for attorneys' fees to be paid by appellee Universal Community Development, LLC ("Universal"). We conclude the trial court did not abuse its discretion in denying Partnership's request for attorneys' fees generally, and affirm the trial court's decision as to this question. However,... ... ... we also find the trial court failed to duly consider...  

On December 21, 2005, following an evidentiary hearing, the trial judge awarded legal custody of N.J.C., then ten years of age, and his younger brother, R.B.C., then aged seven, to their father, N.C. The boys' mother, P.F., appeals, claiming primarily that in determining the best interests of the children, the trial judge failed to accord appropriate weight to the father's physical abuse of the mother, which was reflected in the judge's finding in an earlier proceeding that the father had...