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May 27, 2010
On consideration of the certified order and opinion of the Louisiana Supreme Court suspending respondent from the practice of law in that jurisdiction for two years, this court's March 24, 2010, 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 respondent has failed to file a response either to this...
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May 27, 2010
X.F., a juvenile, appeals the Family Court's determination of the amount that he and his mother were ordered to pay as restitution for damage he caused to a car he had stolen and wrecked. Because the trial court did not correctly apply the relevant statute in determining the restitution amount, we reverse and remand for further proceedings.1... ... ... I... X.F., then seventeen years old, stole a car, fled from police, and hit two other cars with the stolen car, damaging all three. The...
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May 20, 2010
On consideration of the certified copy of the Supreme Court of Louisiana's order disbarring respondent, this court's March 19, 2010, order directing respondent to show cause why identical discipline should not be imposed, to which no response has been filed, and the Statement of Bar Counsel regarding reciprocal discipline, and it appearing that respondent has not filed the affidavit required by D.C. Bar R. XI, § 14 (g), it is... ORDERED that John M. Sharp is hereby disbarred. Respondent's...
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May 20, 2010
On consideration of the certified order of the Tennessee Supreme Court placing respondent on disability inactive status, see In re Sean K. Hornbeck, BOPR No. 2008-1794-5-KH (4.3) (Tenn. Dec. 15, 2008), this court's March 19, 2010, order suspending respondent from the practice of law in this jurisdiction 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,...
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May 20, 2010
On consideration of the certified copy of the stipulation entered into by the respondent and the Office of Attorney Regulation Counsel of the State of Colorado suspending respondent for a period of one year and one day with reinstatement conditioned on proof of fitness and the satisfaction of fee awards in a malpractice case, see In re John Joseph Zodrow, 08PDJ103 (June 10, 2009), this court's March 23, 2010, order suspending respondent from the practice of law pending final disposition by this...
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May 20, 2010
Appellant Darryl Mattis claims that his conviction for assaulting, resisting, or interfering with a police officer ("APO"), in violation of D.C. Code § 22-405 (b) (2009 Supp.), must be reversed because an off-duty officer is not protected by the statute when engaged in outside employment. We disagree and affirm... ... ... I. Factual and Procedural Background... On the evening of March 27, 2009, Officer Lloyd Murphy, a member of the District of Columbia Metropolitan Police...
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May 13, 2010
Appellant Jeffrey Oxner entered a conditional guilty plea to unlawful distribution of cocaine, reserving the right to appeal the denial of his motion to suppress his show-up identification. Appellant argues that his identification should have been suppressed as the fruit of an illegal warrantless entry into his home. We disagree. The police acquired sufficient information to justify appellant's detention for the show-up identification before they entered his... ... ... abode to seize him; they...
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May 13, 2010
Appellants Joseph Desmond Kaliku and David Matthews were jointly charged in a twenty-five count indictment. Following a jury trial, Mr. Kaliku was convicted of assault with a dangerous weapon ("ADW"),1 armed robbery,2 possession... ... ... of a firearm during a crime of violence ("PFCV"),3 first-degree sexual abuse while armed (with aggravating circumstances),4 and kidnapping while armed.5 The jury found Mr. Matthews guilty of ADW, armed robbery, kidnapping while armed,...
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May 13, 2010
On April 11, 2007, a jury convicted appellant George Riddick of the second-degree murder of his girlfriend, Danitza Barrera.1 Appellant also was convicted of weapons offenses relating to that incident: possession of a firearm during a crime of violence, carrying a pistol without a license ("CPWL"), and CPWL outside the home.2 On appeal,... ... ... he challenges his convictions on two grounds. First, he contends that the trial court abused its discretion in excluding from evidence a...
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May 13, 2010
On the morning of October 22, 2004, Steven Tulin was arrested for reckless driving following an automobile accident in which his silver Porsche automobile was "rear-ended" by Detective Barbara Rauf of the District of Columbia Metropolitan Police Department ("MPD"), driving a green Honda. Mr. Tulin was handcuffed, taken to the central lock-up in a police van, and held in custody for approximately fourteen hours until his release at 11:20 p.m. The following April, Mr. Tulin was...
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May 13, 2010
In this consolidated appeal, Margo Bansda appeals from a judgment of absolute divorce from appellee, Jeffrey Wheeler, issued on November 5, 2007, ordering property distributions and declining separate maintenance pursuant, respectively, to D.C. Code §§ 16-910 (a) & (b), -913 (d) (2001). Bansda also appeals from the November... ... ... 5, 2007 order holding her in contempt for violating the court's June 5, 2007 order requiring her to pay Wheeler $1,300 in rent for each month that she...
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May 6, 2010
Petitioners challenge a decision of the Compensation Review Board ("the Board") which upheld concurrent awards of temporary total disability benefits due to a back impairment and permanent partial disability benefits ("schedule... ... ... awards") based on impairments to claimant's legs caused by the same work injury. We affirm, publishing this opinion primarily to disapprove a portion of the Board's decision which may lead to error in future cases... I. The Basic Facts... On...
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May 6, 2010
Deborah Changkit has asked this court to review a decision of the Compensation Review Board (CRB) of the District of Columbia Department of Employment Services (DOES), issued on May 16, 2008, affirming a compensation order entered by an Administrative Law Judge (ALJ) on February 26, 2008, denying Ms. Changkit's application for reinstatement of her temporary total disability (TTD) benefits. Ms. Changkit contends that the ALJ failed to accord appropriate weight to the opinions of her treating...
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May 6, 2010
On consideration of the affidavit of Stephen B. Cohen, 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 Court of Appeals, 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 29th day of April, 2010... ORDERED that the said Stephen B. Cohen is hereby disbarred...
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May 6, 2010
Appellant Bryan K. Wilson was convicted of first-degree premeditated murder while armed and of several weapons charges in connection with the death of his wife Inga Wilson.1 In this appeal, he argues that (1) the trial court's ruling disqualifying an attorney that he sought to add to his defense team violated his Sixth Amendment right to counsel;... ... ... (2) the admission of a videotape violated his rights under the Confrontation Clause of the Sixth Amendment; (3) the court erred by allowing...
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May 6, 2010
A Superior Court jury found appellant Kendrick H. Gaines guilty of two counts of possession with intent to distribute a controlled substance. The verdict was based on evidence that appellant, a twenty-four-year-old black male, dropped a bag containing multiple packets of cocaine and marijuana as he fled on foot from police officers who had just stopped him in his car for driving while using a cellular telephone without a hands-free device in violation of District of Columbia law. On appeal,...
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May 6, 2010
Rule 3 of the rules of this court requires very little information that must be specified in a notice of appeal from a judgment or order of the Superior Court. In fact, it requires only two things: specification of "the party or parties taking the appeal," which is done by "naming each one in the caption or body of the notice," and designation of "the judgment, order, or part thereof being appealed." D.C. App. Rule (3)(c)(1)(A) and (B). Because the notice of appeal in...
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May 6, 2010
Pro se plaintiff Randall Reade appeals the trial court's "Order Denying Plaintiff's Motion to Amend Complaint and for Summary Judgment, and Dismissing Complaint Sua Sponte." Fundamentally, the case concerns Reade's failure to file timely and legally sufficient proof of service of process pursuant to Super. Ct. Civ. R. 4 (l), (m). We agree with the trial court that Reade's Affidavit of Service by Process Server was legally defective because it failed to comply with the strictures of...
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April 29, 2010
This case involves two reciprocal discipline matters. Due to misconduct in the handling of his attorney escrow account, the Court of Appeals of Maryland indefinitely suspended Respondent, Victor Mba-Jonas, on March 20, 2007, "with the right to reapply for readmission after 90 days." Attorney Grievance Comm'n v. Mba-Jonas ("Mba-Jonas I"), 919 A.2d 669, 677 (Md. 2007). After Mr. Mba-Jonas later engaged in similar violations of Maryland's rules governing attorney conduct, the Court...
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April 29, 2010
Appellant was charged with first-degree premeditated murder while armed, possession of a firearm during a crime of violence, and possession of a prohibited weapon. D.C. Code §§ 22-2101, -4502, -4515 (b), (c) (2001). After a jury trial,... ... ... he was acquitted of first-degree murder but convicted of second-degree murder, as a lesser-included offense, and both weapons charges. He now appeals his conviction on the basis that it was error to instruct the jury on the lesser-included...
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