Compilation of Memoranda and Opinions
CRIMINAL LAW & PROCEDURE
MANSLAUGHTER
103 D.W.L.R. 917 (May 27,1975)
Indictment which charges voluntary manslaughter and involuntary manslaughter is duplicitous and government must elect which offense it chooses to prosecute .
UNITED STATES v. AUSTIN, Super. Ct. D.C., Crim. No. 13657-75, April29, 1975. Opinion per Burka,J. [Counsel not given in published opinion].
CONSTITUTIONAL LAW
FIRST AMENDMENT
102 D.W.L.R. 1221 (June 17,1974)
Pregnant woman who requires Caesarian operation may refuse blood transfusion which wouldviolate her religious belief and right to privacy.
IN THE MAITER OF BENTLEY, ET AL., Super. Ct. D.C., Misc. No. 65-74, April25, 1974. Opinion per Burka, J.
[Counsel not given in published opinion].
JUVENILES
ABORTION
101D.W.L.R. 613 (Apr.3,1973)
Denial of abortion to juvenile solely because of her age would violate rights and benefits under the
U.S.Constitution.
IN THE MATIER OF P.J., Super. Ct. D.C., Family Division, Docket No. 72-7150-J, February 6, 1973. Opinion per
Burka, J. [Counsel not given in published opinion].
BURNETT, ARTHUR L.• SR. Associate Judge (1987-98)
PARENT AND CHILD
CUSTODY
125 D.W.L.R. 1809 (Sept.16,1997)
D.C. Superior Court lacks jurisdiction to decide custody of six-month-old child born in Florida and brought to D.C.for adoption where putative father has brought suit in a Florida court.
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EX PARTE IN THE MATIER OF THE PETITION OF J.D.S. AND A.F.C. FOR ADOPTION OF A MINOR CHILD, D.C. Super. Ct. Adopt. No. A-65-97, March 20, 1997. Leslie Scherr for the Petitioners. Stephen L. Bluestone for Mr. H.T. Opinion per Arth ur L. Burnett, J.
CONTRACTS
EXPULSION
125 D.W.L.R. 1801 (Sept.15,1997) 2
Medicalstudent who was expelled did not receive the process afforded him under the university handbook where he received notice of thespecific allegations less than ahalf hour before the hearing.
HOWARD UNIVERSITY v. BARTEE, D.C.Super.Ct. Civil Action No. 90-CA-12298, February 8, 1993. Opinion per
Arthur L. Burnett, Sr., J. Jeffrey D. Ford for the Plaintiff. Harley Daniels for the Defendant.
JURORS
POST-TRIAL QUESTIONING
125 D.W.L.R.1093 (June 5,1997)
Defendants did not show good cause to use Juror Panel Roster to unilaterally contact jurors to discover any basis for new trial motion but denial is without prejudice to counsel using own investigation resources to pursue contacts with former jurors.
UNITED STATES v. FORD, ET AL., D.C. Crim. No. F-12661-93, F-12536-93 and F-03131-94, March 27, 1997. Opinion per Burnett,J. Steven J. McCool with Eric H. Holder, Jr. for the United States.Jonathan Stern for Defendant Mark Allen Ford. Richard Gilbert for Defendant Thadduse Lee Hartridge. Annie R. Alexander for Defendant James Thomas Cullison.
ATIORNEY FEES
DCHR/1
125 D.W.L.R. 433 (Mar.7, 1997)
Attorney fees under District of Columbia Human Rights Act awarded for obtaining jury verdict for compensatory and punitive damages for sex discrimination in the form of sexualharassment and retaliation.
DRAKE, ET AL. v. HENKELS & McCOY, INC., ET AL., Super. Ct. D.C., No. 91- CA-4366, November 18, 1996. Opinion per Burnett, J. Bruce A. Fredrickson, Susan L. Bradshaw and Jonathan C. Puth for the Plaintiff Laurel M. Drake. NeilL. Henrichsen for the Plaintiff Samynesh T. Hadgu. D ‘Ana E. Johnson and Denise Ramsburg Stanley for the Defendants Henkels & McCoy, Inc. and Jeffrey D. Willis
ADMINISTRATIVE LAW
JURISDICTION
124 D.W.L.R.2089 (Oct.25, 1996)
Time for filing petition for review of decision of D.C.Office of Employee Appeals is jurisdictionaland late filed petitionmust be dismissed;alternatively,decision to terminate employee based on drug test supported termination.
DAVIS v. METROPOLITAN POLICE DEPARTMENT,ET AL., Super. Ct. D.C., No. CA92-MPA-20, September 3,
1996.Opinion per Burnett, J. James W Pressler Jr. for Petitioner. Michael F. Wasserman for Respondents.
2 The published headnote in this case correctly gives the date of Judge Burnett’s issuance of this opinion as February
8, 1993. lbe opinion, however, was not published until September 15, 1997.
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CRIMINAL LAW & PROCEDURE
MIRANDA WARNING
124 D.W.L.R. 1860 (Oct. 20, 1996)
Foreign law enforcement officers are not required to comply literally with the requirements of Miranda
and statements made to them are admissible unless coerced or if officers are agents of U.S.officers.
UNITED STATES v. FISHER, Super. Ct. D.C., Crim.No. F-5241- 95, July 5, 1996.Opinion per Burnett,J. J.. Patrick
Rowan for United States. Nathan I. Silver for Defendant.
CRIMINAL LAW & PROCEDURE
MALICE
124 D.W.L.R. 2021 (Oct.16,1996)
Defendant is permitted to introduce evidence going to his state of mind and subjective awareness of risk involved in death of child victim to rebut government evidence as to intent and awareness of risk.
UNITED STATES v. LINDSAY, Super. Ct. D.C., Crim. No. F-2372-92, December20, 1995. Opinion per Burnett, J. Mary Jncontro with Eric H. Holder, Jr. for United States. Daniel W. Quillen for Defendant.
DISTRICT OF COLUMBIA
NEGLIGENCE – POLICE CHASE
124 D.W.L.R.1125,1474 (June 10,1996)
Evidence supported jury verdict against District of Columbia of gross negligence causing deaths arising from police chase;remittitur granted reducing $5,997.75 award.
HAWKINS v. DISTRICT OF COLUMBIA, ET AL., Super. Ct. D.C., No. 91-CA-15515 & 92-CA-2431, January 16,
- Opinion per Burnett, J. Patrick M. Regan, Jonathan E. Halperin and Marc Fiedler for the Plaintiffs. James A.
DeVita with George C. Valentine, Martin L. Grossman and Charles Ruff for the Defendant District of Colurn bia.
CONSUMER PROTECTION
MERCHANT
124 D.W.L.R. 957 (May 16, 1996)
Non-profit educational institutional institution is not “merchant” subject to District of Columbia Consumer Protection Act; practice of transcendentalmeditation is a religion and trialof unfair trade practice,fraud and negligent misrepresentation,and intentionalinfliction of emotionaldistress claims would involve Court in excessive entanglement in religious beliefs in contravention of First Amendment.
HENDEL v. WORLD PLAN EXECUTIVE COUNCIL-UNITED STATES, ET AL., D.C. Super. Ct. Civil Action No.
89-CA-8791, January 2, 1996. Opinion per Burnett, J. Gerald E. Ragland, Jr. for the Plaintiff. Carter G. Phillips,
Mark D. Hopson, Nancy A. Temple and Dwight W. James for the Defendants.
CIVIL RIGHTS
EQUAL PAY
124 D.W.L.R. 49,57 (Jan.9, 1996)
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Evidence did not support jury verdict of Equal Pay Act violation where men’s basketball coach had more duties,experience and knowledge than women’s basketball coach;motion for judgment n.o.v. granted in part in sex discrimination case;new trial granted on damages with remittitur.
TYLER v. HOWARD UNIVERSITY, ET AL., Super. Ct. D.C., Civil Action No. 91-CA- 11239 September 15, 1995. Opinion per Burnett, J. Robert L. Bell and Kevin D. Judd for the Plaintiff. Susan L. Riley with Harold E. Jordan and Rachel C. Evans for the Defendants.
DAMAGES
PUNITIVE DAMAGES
123 O.W.LR.2217,2225 (Nov.13-14,1995)
Punitive damages against corporate defendant of twice the compensatory damages for injuries in sexual harassment suit is upheld as proper on motion for judgment n.o.v.; costs awarded for depositions necessary for trial preparation and $40 perwitness fees.
DRAKE, ET AL. v. HENKELS & McCOY INC., ET AL.,Super. Ct. D.C., No. 91-CA-4366, July 24, 1995. Opinion per Burnett,J. Bruce A. Fredrickson and Mary Ann Kelly for Plaintiff Laurel Drake.NeilL. Henrichsen and Karyl Terese Spriggs for Plaintiff Samynesh T. Hadgu. D ‘Ana E. Johnson and George B. Breen for the Defendants Henkels & McCoy, Inc. and Jeffrey D. Willis.
CRIMINAL LAW & PROCEDURE
SEVERANCE
123 O.W.L.R.2185 (Nov.7,1995)
Severance is granted in the interest of judicialeconomy and administration of offenses committed seven months apart where trial would 14 counts, four separate defendants encompassing three homicides.
UNITED STATES v. MILLER, ET AL., Super. Ct. D.C., Nos. F- 01212-94, F-01478-94, F-09885-94 & F- 10504-94, May 22, 1995. Opinion per Burnett, J. Daniel Zachem for United States. Jonathan L. Stern for Aaron Miller. Retna M Pullings for Tyrone Briscoe. Gene R. Johnson for Maurice Proctor. Douglas J. Wood for Kenneth D. Adams.
CRIMINAL LAW &PROCEDURE
PRISON CELL SEARCH
123 D.W.L.R.1993 (Oct. 10,1995)
Court grants motion to suppress tangible evidence seized by executing search warrant at defendant’s prison cell where affidavit in support of search warrant did not provide underlying facts and only unsupported opinions and was legally insufficient and search warrant was overbroad.
UNITED STATESv. MONTGOMERY, Super. Ct. D.C., Crim. No. F2644-94, July 31, 1995. Opinion per Burnett, J.
Cathleen M. Corken with Eric H. Holder, Jr. for the United States.Blaise Supler and Janet C. Hoeffel for the Defendant.
CRIMINAL LAW & PROCEDURE
WITNESS
123 D.W.L.R.1685 (Aug.24,1995)
Government need not furnish defense with criminal records of witnesses before trialbut will satisfy its obligation by having records available to be furnished after witnesses are identified at voir dire.
UNITED STATES v. MONTGOMERY, Super. Ct. D.C., Crim. No. F-2644-94, June 14, 1995. Opinion per Burnett,
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- Cathleen M Corken for United States. Blaise Supler, Janet Hoeffel and Abbe Jolles for Defendant.
CRIMINAL LAW & PROCEDURE
WITNESS IDENTITY
123 D.W.L.R.1673 (Aug.23,1995)
Defense counselhas right pre-trialto determine identity of witness to alleged crime so as to determine credibility and strength of proposed testimony; address need not be disclosed where safety of witness is endangered.
UNITED STATES v.MONTGOMERY, Super. Ct. D.C., Crim. No. F- 2644-94, June 14, 1995. Opinion per Burnett, J. CathleenM Corken for United States. Blaise Supler and Janet Hoefle/ for the Defendant Michael Montgomery. Abbe Jolles for the Defendant Charles Brooks.
CRIMINAL LAW & PROCEDURE
SPEEDY TRIAL
123 D.W.L.R.1665 (Aug.22, 1995)
Court denies speedy trial motion based on claim that delay resulted in government filing notice to have defendant imprisoned for life without parole.
UNITED STATES v. MONTGOMERY, Super. Ct. D.C., Crim. No. F-2644-94, June 14, 1995. Opinion per Burnett, J. Cathleen M Corken for United States. Blaise Supler and Janet Hoefle! for Defendant Michael Montgomery. Abbe Jolles for Defendant Charles Brooks.
PUBLIC HOUSING
PREFERENTIAL TREATMENT
123 D.W.L.R.1557 (Aug.7,1995)
Family Division,Neglect Branch Judge denies motion seeking order to obtain preferentialtreatment and access to public housing to reunify family unit.
IN THE MATTERS OF O.P., ET AL., Super. Ct. D.C., Nos. N-725-90, N-726-90 & N-727-90, June 3, 1995. Opinion per Burnett, J. Henning Vent, Kimberly Lincoln-Stewart and Deborah Hawkins for District of Columbia. Glenn St. Marie for Respondents. Ethel Ollivierre (Guardian ad Litem). Ann Suh for Third Party.
CRIMINAL LAW & PROCEDURE
FRISK
123 D.W.L.R. 745 (Apr.19,1995)
Motion to suppress is granted where police officer frisk of defendant exceeded lawful search for protective purposes and became unauthorized evidentiary search; Terry stop permits patdown not push up.
UNITED STATES v. HOLDEN, Super. Ct. D.C., Crim. No. M-10704-94, March 7, 1995. Opinion per Burnett, J.
Catherine C. Pisaturo with Kenneth H. Cowgill and Eric H. Holder, Jr. for the United States. Andrew Grosso for the
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Defendant.
CRIMINAL LAW & PROCEDURE
INEFFECTIVE COUNSEL
123 D.W.L.R. 265 (Feb.13,1995)
Defendant showed ineffective assistance of counsel and conviction is reversed where defense counseldid not read and understand and introduce medicalrecords of D.C.GeneralHospitaland D.C. Jail which indicated that defendant could not have walked the distances stated by government witnesses. ·
UNITED STATES v. BERRY, Super. Ct. D.C., No. SF-10962-90, December 1, 1994. Opinion per Burnett, J. Rachel Adelman Pierson with John M Facciola and Eric H. Holder, Jr. for the United States. David C. Gray for the Defendant Petitioner.
CRIMINAL LAW & PROCEDURE
CHRONIC ALCOHOLIC
123 D.W.L.R. 245 (Feb.9,1995)
Defendant charged with misdemeanor has right to request civil commitment as “chronic alcoholic” although Corporation Counsel has not sought that disposition.
UNITED STATES v. LEWIS, Super. Ct. D.C., Crim. No. M-2870-94, November28, 1994. Opinion per Burnett,J. Catherine Pisaturo with Kenneth W Cowgill and Eric H Holder, Jr. for the United States. Edward Terrar for the Defendant.
DISTRICT OF COLUMBIA
SANCTIONS
122 D.W.L.R.1821 (Sept. 13, 1994)
Rule 11 sanction of $11,771 is imposed on petitioner District of Columbia and its counselin suit dismissed for lack of jurisdiction because of non-compliance with statutory requirement that interest arbitration results be submitted to D.C.Councilfor approvalor rejection.
DISTRICT OF COLUMBIA METROPOLITAN POLICE DEPARTMENT v. FRATERNAL ORDER OF POLICE, METROPOLITAN POLICE DEPARTMENT/LABOR COMMITTEE, ET AL., Super. Ct. D.C., No. Misc. 91-CA-
12686, August 1, 1994. Opinion per Burnett, J. George B. Driesen for Respondents. 0. Gregory Lewis for Petitioner,
District of Columbia.
EVIDENCE
BUSINESS RECORDS
122 D.W.L.R.1721(Aug.29,1994)
Plaintiffs record of verification of insurance coverage of patient,was not sufficiently trustworthy or reliable for admissionof liability;employer andinsurance company acting as administrative agent are not liable for care to employee without verification of coverage.
THE PSYCHIATRIC INSTITUTE OF WASHINGTON,D.C.,INC. v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, ET AL., Super. Ct. D.C., C.A. No. 90-CA-8992, June 1, 1994. Opinion per Burnett, J. Robert 0
Johnston and Sandra L. Schweitzer for the PlaintiffPsychiatric Institute of Washington, D.C., Inc. Charles H. Fleischer
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and Clifton M. Mount for the Defendant The Prudential Insurance Company of America. Lawrence Eiser and Paul J. Maloney for the Defendant Miller & Long Company, Inc. Andrew Vaughn, prose.
DAMAGES
REMITTITUR
122 D.W.L.R.1593 (Aug.11,1994)
Remittitur to $500,000 is ordered of $2,000,000 verdict for 32-year-old plaintiff who was injured at Lorton CorrectionalFacility resulting in pain and suffering,reduction in strength in left leg to 80-85% or normal and reduced earning capacity.
GORDON v. DISTRJCT OFCOLUMBIA, ET AL., Super. Ct. D.C., C.A. 90-1231, J une21, 1994. Opinion per Burnett, J. Lawrence S. Lapidus and Michael M Wilson for Plaintiff. Sherman Robinson for Defendant District of Colu mbia. Leon Roth for Defendant National Capital Systems, Inc.
DISTRICT OF COLUMBIA
PUBLIC DUTY
122 D.W.L.R. 641 (Apr. 6,1994)
D.C.statutes and regulations governing day care centers do not create specialrelationship with child enrolled in unlicensed center who was allegedly abused imposing liability on D.C.
BROWN, ET AL. v. DISTRJCT OF COLUMBIA, ET AL.,Super. Ct. D.C., No. CA8046-88, March 14, 1994. Opinion per Burnett, J. Samuel J Lowe for the Plaintiffs. Charlotte Bradley with George C. Valentine, MartinL. Grossman and John Payton for the Defendant District of Columbia. Gerald I. Fisher for the Defendant Arnold McLaurin; and the Defendant Joyful Star Day Care Center, Inc., unrepresented.
PRISONER’S RIGHTS
DISCIPLINARY HEARING
122 D.W.L.R. 613 (Apr.1,1994)
Where D.C. Adjustment Board did not set forth basis for finding disciplinary breach and failed to do so after remand and prisoner has served full period of punishment and offense occurred 26 months before,Court orders that no rehearing or further disciplinary proceedings be held.
BROGSDALE v. DISTRICT OF COLUMBIA, Super. Ct. D.C., No. 92-CA-7021, January 31, 1994. Opinion per
Burnett, J. Robert C. Hauhart for Plaintiff. Lawrence G. McPherson for District of Columbi a.
CIVIL PROCEDURE
GOVERNMENT CONTRACTOR DEFENSE
122 D.W.L.R. 513 (Mar.18,1994)
Defendant who allegedly negligently applied chemical products while cleaning government offices is not entitled to government contractor defense where applicati on involved discretion by employee without direction or mandate from any government employee.
MANNING v. OGDEN ALLIED EASTERN STATES MAINTENANCE CORPORATION, Super.Ct. D.C., C.A. No.
91-CA-7209, February 2, 1994. Opinion per Burnett, J. Patrick M Regan and Jonathan E. Halperin for the Plaintiff.
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Richard A. Dean and Michael J. Pollack for the Defendant.
DISTRICT OF COLUMBIA
NOTICE
122 O.W.L.R. 241 (Feb.8, 1994)
Suit against D.C. based on alleged improper involuntary hospitalization is dismissed for deficient notice under§ 12-309.
MAGWOOD v. GIDDINGS, ET AL., Super. Ct. D.C., Civil Action No. 92-CA-6867, September 9, 1993. Opinion per
Burnett, J. Shelah Fidel/man Lynn for the Plaintiff. Darrell C. Valdez for the Defendants.
CONTRACTS
SETTLEMENT AGREEMENT
122 D.W.L.R. 69 (Jan.12, 1994)
Oraloffer of settlement by defendant which was accepted by plaintiff is enforced despite defendant’s later change of mind.
SILAS v. GARCIA’S INCORPORATED, ET AL., Super. Ct. D.C., No. 92-CA-90, August 4, 1993. Opinion per Burnett, J. Joel W. Anders and MacKenzie Canter, III for the Plaintiff. John G. Lynch and Cynthia G. McKnight for the Defendants.
SUMMARY JUDGMENT
INTENT – MOTIVE
121 D.W.L.R. 2469 (Dec. 6,1993)
Summary judgment would not be proper where evidence of fraudulent intent and on issues of intent and motive was not clear.
FORD, ET AL. v. SHERMAN, ET AL., Super. Ct. D.C., No. 92-CA-16307, September 30, 1993. Opinion per Burnett, J. Steve Larson-Jackson for the Plaintiffs. Paul Krause and John Tremain May for Defendants Andrew J. Sherman and Deborah E. Bouchoux. Steve Umin, John K. Villa and R. Hackney Wiegmann for Defendants David M. Munchnikoff, Martin L. Meyrowitz, Howard Ross and Silver, Freedman & Taff. Jeffrey J. Hines and Jeffrey T. Lindgren for Defendants Elliott Pinta, Carl N. Duncan and McVey and Sherman, Chtd. R. Kenneth Mundy, Co-counsel for Melvin Ford.
PRISONER’S RIGHTS
WRITTEN STATEMENT
121D.W.L.R.2441 (Dec.2, 1993)
Prisoner’s constitutional and statutory rights were violated by prison disciplinary decision made without written statement of evidence and reason for decision.
BROGSDALE v. DISTRICT OF COLUMBIA, Super. Ct. D.C., No. 92-CA-7021, September 20, 1993. Opinion per
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Burnett, J. Robert C. Hauhart and Vincent Wilkins, Jr. for the Plaintiff. Lawrence McPherson for the Defendant.
PARTNERSHIPS
PROPERTY
121 D.W.L.R. 1933,1941 (Sept. 21,1993)
Real property was partnership property although it was titled in cne partner’s name where that was intention of parties.
SATRIS v. THOMPSON, ET AL. , Su per. Ct. D.C., No. 90-CA-14287, July 22, 1993. Opinion per Burnett,J. John E. Scheuermann for the Plaintiff and Counterclaim Defendant. Janet W. Blassingame for the Defendant and Counterclaim Plaintiff as personal representative of the Estate of Robert Anthony Thompson. James W. Rudasill for Vaizie L. Thom pson as Counterclaim Plaintiff in her individual capacity as a creditor against the partnership and/or against the Estate of Robert Anthony Thompson.
CIVIL RIGHTS
JURISDICTION
121 D.W.L.R.1497,1509 & 1517 (July 23 & 26-27, 1993)
D.C.Human Rights Act forbids telling black employee in D.C. that her opportunity for promotion to job in Maryland is precluded because she is black and suit could be brought in D.C. or Maryland; punitive damages and jury trial are available under D.C. Act.
HOLT v. LIFE CARE SERVICES CORPORATION, Super. Ct.D.C. No.91-CA 11713, January 25, 1993. Opinion per Burnett,J. Br uce A. Fredrickson, Susan L. Brackshaw and Mary Ann Kelly for the Plaintiff. Joel M Cohn and Sanford B. Ring for Defendant.
CIVIL PROCEDURE
SANCTIONS – NON-PARTY WITNESS
121D.W.L.R.1217 (June 15,1993)
Costs are assessed against non-party witness based on additionalexpenses incurred obtaining court orders compelling compliance by treating physician with discovery obligations.
MITCHELL v. STATE FARM INSURANCE CO., Super. Ct. D.C., No. 91-CA-9971, May 11, 1993. Opinion per Burnett, J. Adgie O‘Bryant for the Plaintiff. M ark M Jones and Harold E. Jordan for the Defendant. R. Kenneth Mundy for Respondent/ Deponent.
NEGLIGENCE
JUDGMENT N.O.V.
121D.W.L.R. 1181 (June 10,1993)
Judgment n.o.v. is deniedinsuit against D.C.where jury awarded $600,000 to personalrepresentative of person killed by police officer.
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COLEMAN v. THE DISTRICT OF COLUMBI A, Super. Ct. D.C., Civil Action No. 89-9305, May 8, 1993. Opinion per Burnett,J. Blair G. Brown for the Plaintiff. Arabella Teal for the Defendant.
DISTRICT OF COLUMBIA
LEASE
121D.W.L.R.997 (May 18, 1993)
District of Columbia is liable for overtime usage of building,penalty interest under Quick Pay Act, prejudgment interest after one year and post-judgment interest at statutory rate.
McCRAY v. DISTRICT OF COLUMBIA, ET AL., Super. Ct. D.C., No. 86-CA-10414, March 4, 1993. Opinion per
Bumett, J. Bernard A. Gray, Sr. for the Plaintiff. Arabella Teal for the Defendants.
CIVIL PROCEDURE
FORUM NON CONVENIENS
121D.W.L.R.861(Apr.30,1993)
Medicalmalpractice suit against D.C.hospital brought by plaintiffs who moved to D.C.after claim arose is dismissed under forum non conveniens where alleged malpractice took place in Virginia, Virginia law governs,and Virginia Birth-Related NeurologicalInjury Compensation Act may provide exclusive remedy.
BAILEY, ET AL. v. PRESIDENT AND DIRECTORS OF GEORGETOWN COLLEGE, d/b/a GEORGETOWN UNlVERSITY HOSPITAL, Super. Ct. D.C., No. 92-CA-4072, December 9, 1992. Opinion per Burnett, J. Jack H Olender, Gary S. Freeman and Marian K. Riedy for Plaintiffs. Jeremiah C. Collins and William A. Sarraille for Defendant.
CIVIL RIGHTS
HOSTILE WORK ENVIRONMENT
121D.W.L.R.629,641& 653 (Mar.31 & Apr.1-2,1993)
Judgment n.o.v. denied where jury had sufficient probative evidence to find that plaintiff was terminated in reprisal for complaining of female homosexualorientation discrimination under D.C. Human Rights Act.
GREEN v. HOWARD UNIVERSITY, Super. Ct. D.C., No. 91-CA-4194, December 4, 1992. Opinion per Burnett, J. Alan Banov for Plaintiff. Susan Riley for Defendant.
DECEASED PERSONS
RELEASE OF BODY
121D.W.L.R. 557 (Mar.22,1993)
Court will determine on case-by-case basis whether unidentified bodies in custody of Chief Medical
Examiner will be released and not by declaratory judgment.
COMMUNITY FOR CREATIVE NON-VIOLENCE, ET AL. v. GRAY, ET AL., Super. Ct. D.C., Civil Action No. 92-
10343, February 4, 1993. Opinion per Burnett, J. John W. Nields, Jr.and Peter E. Moll for the Plaintiffs.John C. Cook
with John Payton, Martin L. Grossman and George C. Valentine for the Defendants.
CIVIL PROCEDURE
INTERLOCUTORY APPEAL
121D.W.L.R.313 (Feb.18,1993)
Motion to certify interlocutory appeal is denied on discovery ruling that reply by attorney to Bar
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Counselis not a privileged communication and can be used as admission in civil proceeding.
JONES, ET AL. v. McNEIL & RJCKS, P.C., ET AL. v. UNIVERSAL SETTLEMENTS, INC., ET AL.,Super. Ct. D.C., No. 91-CA-678, September 30, 1992. Opinion per Bumett, J. Richard J Mudd for the Plaintiff. John Perazich for the Defendants. Herbert A. Callihan for Third-Party Defendant Universal Settlements, Inc.
CIVIL PROCEDURE
LONG ARM STATUTE
121D.W.L.R. 189 (Feb.2,1993)
District of Columbia lacks jurisdiction in medical malpractice suit where all medical services were rendered in Maryland,defendant physician did not have office or advertise in D.C.;suit against health plan dismissed under forum non conveniens where suit was filed in D.C.seeking to obtain litigation advantage.
COLCLOUGH v. KAISER FOUNDATION HEALTH PLAN OF THE MID-ATLANTIC STATES, INC., ET AL., Super. Ct. D.C., No. 92-CA-2476, December 15, 1992. Opinion per Bumett, J. Ferguson Evans, Ronald Steven Douglas and David E. George for the Plaintiff. Joseph Montedonico, Scott D. Austin and Andrew J Spence for the Defendants.
CIVIL PROCEDURE
STAY
121D.W.L.R. 137 (Jan.26,1993)
Stay granted of further proceedings in trialcourt pending appealfrom denialof forum non conveniens
motion in legalmalpractice suit.
KNIGHT v. GLASSMAN, Super. Ct. D.C., No. 91-CA-13296, December 10, 1992. Opinion per Burnett, J. Bradley
- Schwartz and Harvey A. Jacobs for the Plaintiff. Martin G. Hacala for the Defendant.
REAL PROPERTY
SALES CONTRACT
120 D.W.L.R. 2753, 2765 (Dec.30-31, 1992)
Purchasers of realproperty were entitled to return of deposit under contingency clause where they diligently sought financing but were unable to obtain required loan.
WILBURN, ET UX. v. WIMSATT, Super. Ct. D.C., No. 90-CA-4613, November 17, 1992. Opinion per Burnett, J.
Charles R. McBrier, Jr. for the Plaintiffs. Stephen 0. Hessler for the Defendant.
LANDLORD AND TENANT
RULES AND PROCEDURES
120 D.W.L.R. 2693 (Dec.21,1992)
Landlord granted possession of apartment based on tenant violation of rule to report complaints on telephone call-in tape recording system and failure to pay proper electric charge for air conditioning.
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McGINTY v. DICKSON, Super. Ct. D.C., Nos. 92 L&T 01946 & 92 L&T 08125, Novem ber 9, 1992. Opinion per Burnett, J. Winston J Yallery-Arthur for the Plaintiff. Rufus W. McKinney, Jr. for the Defendant. Vemard Dickson, Defendant pro se during Evidence Portion of Bench Trial.
HOME IMPROVEMENT
LICENSE
120 D.W.L.R.2645 (Dec.15, 1992)
Contractor must repay sums receivedfor remodeling andcannot collect for services performed where contractor was not licensed at time of contacting although it later received license.
CEVERN, INC. v. FERBISH, ET AL.,Super. Ct. D.C., No. 91-CA-3314, November 18, 1992. Opinion per Burnett,
- CurtS. Hansen for Plaintiff.Quentin W Banks for Defendants.
DISCOVERY
VISA STATUS
120 D.W.L.R. 2597 (Dec.9,1992)
Discovery of defendant’s visa status would not be relevant in automobile collision personal injury case and where counsel has proffered no plausible explanation of need for information, motion to compelis denied and sanctions imposed on counsel for plaintiff.
MBONY v. GARRIDO, Super. Ct. D.C., No. 91-CA-15972, November 16, 1992. Opinion per Burnett,J. Steven R. Hook for the Plaintiff. Harold E. Jordan and O’Neil S. King for the Defendant.
DISTRICT OF COLUMBIA
FURLOUGHS
120 D.W.L.R.2533 (Nov.30,1992)
Preliminary injunction issued where Court concludes that furloughs and withholding of within-grade promotions of District of Columbia employees violates the Impairment of Contracts Clause of U.S. Constitution.
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ET AL. v. DISTRICT OF COLUMBIA, ET AL., Super. Ct. D.C., Nos. 92-CA-6954 & 92-CA-12225, October 22, 1992. Opinion per Burnett, J. Anne M. Wagner and Mark D. Roth for Plaintiff American Federation of Government Employees, AFL-CIO. Edward J. Smith for PlaintiffNational Association of Government Employees, AFL-CI0. Robert E. Pau/ and Wendy Kahn for Plaintiffs in both cases. Jonathan G. Axelrod for Plaintiffs, George H. Cohen and Jeremiah A. Collins for Plaintiffs; Sally M. Tedrow for Plaintiffs; PatrickJ. Symanskifor Plaintiffs;CarolR Golubock for PlaintiffService Employees International Union, AFL-CIO; Metcalfe C. King with John Payton, Martin L. Grossman and Michael Zielinski for Defendants.
CRIMINAL LAW & PROCEDURE
SEIZED FUNDS
120 D.W.L.R.2085 (Sept.29,1992)
District of Columbia as libellant did not establish that money was found in “close proximity” to drug paraphernalia or that it was fruit of proceeds of sale of controlled substances; claimant rebuffed presumption by plausible explanation of source of funds.
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DISTRICT OF COLUMBIA v.$4,095.00INUNITED STATES CURRENCY (VERNON WILLIAMS), ET AL.,Super. Ct. D.C., No. CA8145-90, August 4, 1992. Opinion per Burnett,J. William J. Bennett for District of Columbia. Gary Kohlman and Mark Rochon for Respondent.
CIVIL PROCEDURE
SANCTIONS- RES JUDICATA
120 D.W.L.R.1829 (Aug.27, 1992)
$2500 sanction imposed against attorneys for filing suit against partnership where neither statute nor common l aw authorize action;settlement agreement bars all claims except for breach of agreement.
WILSON v. HADID, ET AL., Super. Ct. D.C., Civil Action No. CA13301-90, Ju l y 6, 1992. Opinion per Burnett, J. Joseph M Cahill and PaulS. Thaler for the Plaintiff. Richard A. Gross and Ellyn R. Weiss for the Defendant 1001 New York Avenue Associates Limited Partnership.
CIVIL PROCEDURE
IMMIGRATION STATUS
120 D.W.L.R. 1641 (Aug.4, 1992)
Plaintiff in police misconduct case may be asked on deposition as to immigration status and if in U.S. illegally may assert Fifth Amendment privilege.
MARTINEZ, ET AL. v. DISTRJCT OF COLUMBIA, Super. Ct. D.C., No. 91-CA-13462, May 30, 1992. Opinion per Burnett, J. James E. Drew for Plaintiffs. John C. Cook with John Payton,Martin L. Grossman and George C. Valentine for Defendant.
DOMESTIC RELATIONS
CIVIL CONTEMPT
120 D.W.L.R. 1037 (May 18,1992)
Husband’s continuing in real estate hoping that market will pick up and failing to obtain salaried employment may be bad judgment but is not sufficient basis to hold him in civilcontempt.
RAPPAPORT v. GALLER, Super. Ct. D.C., No. DR-1250-88d, January 14, 1992. Opinion per Burnett, J. Irena I.
Karpinski for the Plaintiff, Yigal Rappaport. Dale A. Cooter and Mary E. Madigan for the Defendant Michelle Galler.
NEGLIGENCE
INTERSECTION COLLISION
120 D.W.L.R. 941 (May 6,1992)
Judgment n.o.v. granted plaintiff and new trial ordered as to damages where defendant did notinch out or look to right when proceeding across intersection.
REPP v. ELLIS, Super. Ct. D.C., No. 90-11497, March 24, 1992. Opinion per Burnett, J. Arlene Kajker for the
Plaintiff. William R. Scanlin for the Defendant.
CIVIL PROCEDURE
FORUM NON CONVENIENS
120 D.W.L.R. 713 (Apr. 8,1992)
Action in D.C.by Maryland resi dents against WMATA based on incident in Maryland is dismissed under forum non conveniens.
HENDERSON, ET UX. v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORJTY,Super. Ct. D.C., No.
91-CA12703, January 29, 1992. Opinion per Burnett, J. Richard D. P augh for the Plaintiffs. Mark F. Sullivan with
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Robert L. Polk, Arnold I. Melnick a nd Fredrick H Schuster for the Defendant.
CRIMINAL LAW & PROCEDURE
INTENT
120 D.W.L.R.697 (Apr.6,1992)
Where there was insufficient evidence that defendant had specific intent to deprive owner of benefit of vehicle,charge of receiving stolen property is not proven although evidence supports guilty verdict of unauthorized use of vehicle.
UNITED STATES v. BROWN, Super.Ct. D.C., Crim.No. SF-7986-90, November27, 1991. Opinion per Burnett, J. Halsey Frank with Jay B. Stephens for the United States. Rakesh Mehrotra for the Defendant.
POLITICAL CAMPAIGNS
LIABILITY
120 D.W.L.R.685 (Apr.3, 1992)
Candidate and members of campaign committee may be liable for campaign debts if plaintiff shows it reasonably relied on personalcredit of particular defendant or that defendant authorized or ratified obligation in manner that reasonably implicated personal credit.
MEDIA PLACEMENT CONSULTANTS, INC. v. TURNER, ET AL.,Super. Ct. D.C., No.91-CA6911, February27,
- 1992.Opinion per Burnett, RichardS. Sternberg for the Plaintiff. Charles H. Schulze for the Defendant.
CRIMINAL LAW & PROCEDURE
ARTICULABLE SUSPICION – PROBABLE CAUSE
120 D.W.L.R. 153 (Jan.24,1992)
Police had articulable basis to stop based on suspicious behavior prior to abandoning black pouch and when pouch was retrieved and found to contain ziplock bags they had probable cause to arrest.
UNITED STATES v. JOHNSON, Super. Ct. D.C., Crim. No. F-11558-89, November 5, 1991. Opinion per Burnett, J. Michael T. Lasley for the Defendant. Jonathan Shapiro for United States.
MENTAL HEALTH
TREATMENT
120 D.W.L.R.85 (Jan.14,1992)
Court does not have authority to instruct St.Elizabeths Hospitalstaff to follow particular psychiatric and medical treatment program for acquittee.
UNITED STATES v. WISE, Super.Ct. D.C.,No. F-10356-89, December6, 1991. Opinion per Burnett,J. G. Michael
Lennon for United States. Lois R. Goodman for the Defendant.
DOMESTIC RELATIONS
CHILD SUPPORT
119 D.W.L.R.1985 (Sept.17, 1991)
D.C. Superior Court has jurisdiction to modify prospectively support order in URESA suit without regard to Jaw in sending state.
R.M.N. v. M.R.N., Super. Ct. D.C., No. DR-6837-88, July 15, 1991. Opinion per Bumett, J. Leslie Fein for the
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Plaintiff. Brian McNair Booth for the Defendant.
EVIDENCE
DYING DECLARATION
119 D.W.L.R.1649 (Aug.6,1991)
Statement of defendant made with knife in his back is admissible as dying declaration or spontaneous utterance.
UNITED STATES v. WISE, Super. Ct. D.C., No. SF-10356-89, June 17, 1991. Opinion per Burnett, J. G. M ichael
Lennon for U.S. Ronald A. Goodbread for the Defendant.
CRIMINAL LAW & PROCEDURE
IDENTIFICATION
119 D.W.L.R. 1553 (July 24, 1991)
After police had entered house with consent of defendant’s grandmother and apparent owner,a brief detention for ride-by identification was proper.
UNITED STATES v. BRENT, Super. Ct. D.C., No.Crim. F-3522-90, April30, 1991. Opinion per Burnett, J. Gilberta
DeJesus with Jay B. Stephens for the United States. Dennis C. Galarowicz for the Defendant.
CRIMINAL LAW & PROCEDURE
ARREST
119 D.W.L.R. 1325 (June 24,1991)
Arrest based on traffic stop was proper where defendant was backing up 50 feet in one-way street at
10 p.m.and resulting seizure was therefore proper.
UNITED STATES v. GRAHAM, Super. Ct. D.C., No. F-5594-90, April10, 1991. Opinion per Burnett, J. Robert A. Kemins with Jay B. Stephens for the United States. Edward D. Joseph for the Defendant.
ADOPTION
RACE
119 D.W.L.R.1209 (June 10,1991)
Under circumstances presented, race is not a significant negative factor in adoption of young black male by unmarried white male.
IN THE PETITION OF J.H.M., Super. Ct. D.C., No. Adoption A-151-89, March 11, 1991. Opinion per Burnett, J. Mark Levine for Petitioner. Bettye Phi(er–Ames with Herbert 0. Reid, Sr. and Mary Pat Toups for the child. Judith R. Larsen for the natural mother of the child.
PARENT AND CHILD
COLLEGE EDUCATION
119 D.W.L.R.905 (May 1,1991)
Agreement that father pay for child’s college education which is unconditional does not depend on child successfully passmg courses; agreement is modified to provide that future support is conditioned on child maintaining C level in courses taken.
KATZ v. REYNOLDS, Super. Ct. D.C., No. D 867-87, September 1 9, 1990, October 22, 1990, April!, 1991. Opinion per Burnett, J. David B. Lamb for Plaintiff. CarolS. Blumenthal for Defendant.
DOMESTIC RELATIONS
PERSONAL INJURY CLAIM
119 D.W.L.R. 885 (Apr.29,1991)
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Judgment in personal injury claim is marital property and trial judge has discretion in allocating between parties.
BETHEL v. BETHEL, Super. Ct. D.C., No. DR1114-89d, January 22, 1991. Opinion per Burnett, J. Cassandra P. Hicks for Plaintiff. Daniel K. Schultz for Defendant.
TRAFFIC VIOLATIONS
NOTICE OF INFRACTION
119 D.W.L.R.873 (Apr.26,1991)
Notice of Infraction of traffic violation is not prima facie evidence of violation where statute requires clear and convincing evidence.
IBRAHIM v. DISTRICT OF COLUMBIA, Super. Ct. D.C., No. 823623054, April 8, 1991. Opinion per Burnett, J.
Edward F. Kearney for Appellant. Anthony C. Gagliardi for Appellee.
CRIMINAL LAW & PROCEDURE
JUVENILES
119 D.W.L.R. 673 (Apr.2,1991)
Sixteen-year-old may not be prosecuted as an adult for assault with intent to commit murder because no such offense exists in D.C.
UNITED STATES v. HOBBS,Super. Ct. D.C., No. F-5041-89, February 22, 1991. Opinion per Bumett, J. G. Michael
Lennon with Jay B. Stephens for the United States. Ronald E. Horton and David Bos for the Defendant.
MENTAL HEALTH
ATTORNEY FEES
119 D.W.L.R.665 (Apr.1,1991)
Father is ordered to pay attorney fees and fee for psychologist in action where he was required to pay child support for 35-year-old mentally handicapped person.
HARRIS v. HARRIS, Super. Ct. D.C., No. D-2687-72, February 25, 1991. Opinion per Burnett, J. Noel Thomas Johnson for the Petitioner. A.Kay Comentale for the Respondent. Marion E. Baurley, Counsel and Guardian ad litem for Yvonne Harris.
CHILD SUPPORT
ARREARAGES
119 D.W.L.R.621 (Mar.26,1991)
Liability for past due child support continues after child is emancipated;12-year statute of limitations applies to child support payments.
JOLLYv. JOLLY, Super. Ct. D.C., No. DR3591-69d, February 25, 1991. Opinion per Burnett, J. Barbara L. Smith
for the Plaintiff. George A. Caldwell for the Defendant.
PENSION PLAN
PENSION PLAN
119 D.W.L.R.345 (Feb.19,1991)
Wife is awarded half of IRA and defined contribution pension plan and alimony is reduced to reflect
8% interest on amounts received;where wife is receiving half of husband’s salary he is not required
to reimburse her half of amounts spent on lady friends.
LEHRFELD v. LEHRFELD, Super. Ct. D.C., No. DR-2973-88d, April22, 1991. Opinion per Burnett, J. James L.
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Rider and Matthew A. Pavuk for the Plaintiff. Joseph D. Crumlish for the Defendant.
DOMESTIC RELATIONS
MARITAL PROPERTY
119 D.W.L.R. 345 (Feb.19,1991)
Inheritance lost identity as separate property when commingled and used to purchase home;as a matter of law there is no goodwill for sole owner law firm.
LEHRFELD v. LEHRFELD, Super. Ct. D.C., No. DR2973-88d, November 14, 1990. Opinion per Burnett, J. James
- Rider and Matthew A. Pavuk for Plaintiff.Joseph D. Crumlish for Defendant.
DOMESTIC RELATIONS
CHILD SUPPORT
118 D.W.L.R.2593 (Nov.27,1990)
Child support amount is set based on Guidelines even though child resides in Ohio where cost of living is lower and amount awarded is in excess of mother’s listing of child’s needs.
WALKER v. SIMMONS, Super. Ct. D.C., Fam. Div., No. DR-1587-81P, October 3, 1990. Opinion per Bumett,J. E. Marie Wilson Lindsay for the Petitioner. David C. Simmons, pro se.
PARENT AND CHILD
SUPPORT
118 D.W.L.R. 2481 (Nov.13,1990)
Parent’s duty to support minor child ends upon emancipation where child in jurisdiction resides.
SMITH v. OESTREICH, Super. Ct. D.C., Fam. Div., Case No. RS439-85-R, October l, 1990. Opinion per Bumett, J. Michelle Godette for District of Columbia. Phillip William Oestreich, prose.
JUDGMENT
CHILD SUPPORT
118 D.W.L.R. 2493 (Nov. 4,1990)
Final decision of Maryland court terminating child support bars District of Columbia petition for support of child residing in District of Columbia.
ROLLINS v. ROLLINS, Super. Ct. D.C., C.A. No. PS333-90s, August I , 1990. Opinion per Burnett, J. Michael L. Alston for District of Columbia. Othello G. Jones, Jr. for Respondent.
CRIMINAL LAW & PROCEDURE
NEW TRIAL
118 D.W.L.R. 2377 (Oct. 31, 1990)
Motion for new trialbecause police officer who testified at trialtested positive for drug useis denied where test was six months after trial,witness’ testimony was not centralto conviction.
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UNITED STATES v. BROOKS, ET AL., Super. Ct. D.C., Crim. No. F-6825-88, Septem ber 14, 1990. Opinion per Burnett, J. John M Facciola and James Dinan for United States. Myrtle Wyre for Defendant Brooks. William J. Temple former counsel for Defendant Lewis. Joseph Beshouri current counsel for Defendant Lewis.
DOMESTIC RELATIONS
AGREEMENT
118 D.W.L.R. 2301 (Oct.22,1990)
Oralagreement spread on the record before Hearing Commissioner is not set aside on appealwhere it is clear that agreement was not to be modified by the parties.
HARRIS v. HARRIS, Super. Ct. D.C., Dom. Rei. Branch, No. 2966-87, August 14, 1990. Opinion per Burnett, J.
Robert M Alexander for Plaintiff. JayS. Weiss for Defendant. ‘
PARENT & CHILD
TERMINATION OF RIGHTS
118 D.W.L.R.2221(Oct.11,1990)
D.C. Code§ 16-2354(a) providing that child through legal representative may move to terminate parentalrights is not unconstitutionalbecause Department of Human Services was not a party and no D.C.government counselparticipated in hearing.
IN THE MATIERS OF A.S. AND J.S., Super. Ct. D.C., Fam. Div. Neglect Sr. Case No. N-295-87, August 28, 1990. Opinion per Burnett, J. Stephanie Y Brown for Respondent children. Robert E. Richardson for mother of Respondent children. Linda Caruso for father of one of the Respondent children. Henning Vent with Herbert 0 Reid, Sr., Beverly
- Burke, Michael Cobb and Bettye P. Ames for the District of Columbia.
DISTRICT OF COLUMBIA
LIMITATION OF ACTIONS
118 D.W.L.R. 2202 (Oct.9,1990)
Twelve-year statute of limitations on judgments applies to District of Columbia seeking to enforce judgment for child support;laches may not be asserted.
DISTRICT OF COLUMBIA EX REL FAULKNER v. TINSLEY, Super. Ct. D.C., Fam. Div. No. P-0117-75, August
23, 1990. Opinion per Burnett, J. Janice Y Sheppard with Herbert 0. ReiC<: Sr., Martin L. Grossman and Arlene L.
Robinson for the Petitioner; Christopher J. Herling for the Respondent.
DOMESTIC RELATIONS
ANNULMENT
118 D.W.L.R.2181(Oct.5,1990)
Annulment granted on grounds of fraud where man did not consider civilmarriage ceremony to be valid and did not tell woman that he would not consummate marriage without religious ceremony.
C.B. v. A.S., Super. Ct. Fam. Divi. D.C. No. DR22 I 7-90d, August 24, 1990. Opinion per Burnett,J. Jocelyn N Sands
for the Plaintiff. Tilman L. Gerald for the Defendant.
DOMESTIC RELATIONS
EQUITABLE DISTRIBUTION
118 D.W.L.R.2089 (Sept.25,1990)
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Court grants wife divorce on grounds of separation, determines separate and maritalproperty and makes equitable distribution of assets based on facts including husband’s conduct during marriage.
BORTNICK v. YOUNG, Super. Ct. D.C., Fam. Div., No. DR-02707-89, July 3, 1990. Opinion per Burnett, J. Marna
- Tucker for Defendant. James G. Nolan for Plaintiff.
CHILD SUPPORT
HANDICAPPED PERSON
118 D.W.L.R.1977 (Sept.11,1990)
Father is ordered to pay support for adult mentally handicapped daughter.
HARRIS v. HARRIS, Super. Ct. D.C., Fam. Div., No. D-2687-72, July 23, 1990. Opinion per Burnett, J. Sanford M Speight, Noel Johnson, Arlene L. Robinson and Herbert 0. Reid, Sr. for the Petitioner-Plaintiff. A. Kay Comentale for the Respondent-Defendant. Marion E. Baurley, Guardian ad litem for handicapped ad ult child, Ms. Yvonne Harris.
CRIMINAL LAW & PROCEDURE
DRUG SCHEDULES
118 D.W.L.R. 1977 (Sept.11,1990)
Drug conviction and sentence are not improper because of failure of Mayor to revise and publish schedules under D.C. Controlled Substances Act.
UNITED STATES v. PETWAY, Super. Ct. D.C., Crim. No. F-5928-88, July 11, 1990. Opinion per Burnett, J. Odessa
- F. Vincent and Jay Stephens for the United States. James F. Fishel for the Defendant. Karen L. Cooper with
Margaret L. Hines and Frederick D. Cooke, Jr. for District of Columbia.
DOMESTIC RELATIONS
CHILD SUPPORT
118 D.W.L.R. 1773 (Aug.14, 1990)
Child support payments are reduced on a temporary basis for 12-month period where almost all of father’s salary is withheld until past due debts are satisfied.
BRYANT v. ROBINSON, ET AL., Super. Ct. D.C., C.A. Nos. P-335-81 & RS-1179-86R, June 29, 1990. Opinion per
Burnett, J. Kirk Callan Smith for Respondent in No. RS-1179-86R. Barbara E. Sosnick for Respondent in No. P-335-
- James DeVita for District of Columbia.
DOMESTIC RELATIONS
EQUITABLE LIEN
118 D.W.L.R. 1517 (July 12,1990)
Upon divorce decree husband is awarded equitable lien in wife’s property on condition that he execute quitclaim deed.
NEWTON v. NEWTON, Super. Ct. D.C.,Fam. Div. No. DR02106-89,May 10, 1990. Opinion per Burnett, J. Thomas
Hylden for the Plaintiff. Nancy K. Glassman for the Defendant.
PARENT AND CHILD
ADOPTION
118 D.W.L.R.1308 (June 14,1990)
Decree of adoption terminates duty of naturalfather to support;claim for overpayment of support to
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Court is barred by estoppelunder circumstances presented.
McALLISTER v. JENNINGS, Super. Ct. D.C., C.A. No. P-0644-82, April23, 1990. Opinion per Burnett, J. Sanford M Speight with Arlene L. Robinson, Martin L. Grossman and Herbert 0. Reid for the Petitioner. James W. Jennings, prose.
PARENT AND CHILD
CHILD SUPPORT
118 D.W.L.R.1149 (May 24,1990)
Court exercises discretion not to follow child support guidelines where non-custodial parent is supplementing college education costs and custodial parent is receiving worker’s compensation benefits which are tax-free.
BLAKE v. DORN, Super. Ct. D.C., Case No. DR0740-89R, April 9, 1990. Opinion per Burnett, J. Michelle A. M.
Godette, Carol E. Burroughs and Herbert 0. Reid, Sr. for the Petitioner. Willie Dom, prose.
DOMESTIC RELATIONS
RULE 11
118 D.W.L.R.1001 (May 8,1990)
Rule 11 motion is denied where non-resident respondent raised substantial jurisdictionalissue and that Court should not use guidelines to determine child support and should use net income, not gross income; reduced attorney fees awarded despite failure of petitioner to use the Uniform Reciprocal Enforcement of Support Act [URESA].
COLE v. KINLEY, Super. Ct. D.C., Dom. Rei. No. Pl385-82, March 30, 1990.Opinion per Burnett, J. Robert C. Fisk
and Matthew Pavuk for the Petitioner. Paul D. Pearlstein for the Respondent.
CIVIL PROCEDURE
SEALED RECORDS
118 D.W.L.R.921 (Apr.27, 1990)
Judicial records in suit by doctors to restore medicalprivileges at hospital are unsealed and made available to CorporationCounselfor use inD.C.Board of Medicineproceedings;records withpatients names redacted are to be made available to public.
SCOTT ,ET AL.v. THE WASHINGTON HOSPITAL CENTER, Super. Ct. D.C., C.A. No. l1174-82,March 14, 1990. Opinion per Burnett, J. Luis E. Rumbaut for District of Columbia. Francis D. Carter for Dr. Richard N.Scott. Edward J. Krill and J. Joseph Barse for the Washington Hospital Center. Robert F. Muse for Dr. John C. Norman.
PARENT AND CHILD
CUSTODY
118 D.W.L.R.637 (Mar.26,1990)
Legal custody awarded to mother and temporary physicalcustody awarded to grandparents where mother is presently suffering from mentalillness and where father has not shown by preponderance of evidence that children’s best interests would be served with custody to him.
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MOOREHEAD v. MOOREHEAD, Super. Ct. D.C., Domestic Case No. DR 1706-88C, December26, 1989. Opinion per Burnett,J. Michael Normile for the Plaintiff. Alice Sullivan and Deborah Barthel for the Defendant. Barbara L. Smith for the intervenors.
DOMESTIC RELATIONS
MARITAL PROPERTY
118 D.W.L.R. 339 (Feb.16,1990)
Court determines party’s interest in maritalproperty and chil dsupport upon grant of absolute divorce.
FULLARD v. FULLARD, Super. Ct. D.C., No. DR1330-89, November?, 1989. Opinion per Burnett, J. Stephen M Salinger for Plaintiff. Aida Anderson for Defendant.
CRIMINAL LAW & PROCEDURE
VERDICT
118 D.W.L.R. 209 (Jan. 31,1990)
Jury verdict may not be set aside because of change of heart of juror about guilty verdict several weeks later.
UNITED STATES v. LUMPKINS, Super. Ct. D.C., Crim. No. F-1675-88, December 14, 1989. Opinion per Burnett, J. Wendy Wysong and Jay B. Stephens for the United States. William G. Dansie for the Defendant Benjamin Lumpkins.
DOMESTIC RELATIONS
SEPARATION AGREEMENT
118 D.W.L.R. 101 (Jan.16, 1990)
Former wife did not meet burden of showing changed circumstances that would justify increase in child support where claim was based primarily on husband’s increased worth.
WEDDERBURN v. PLOSS,Super. Ct. D.C., C.A. No. D698-86, November22, 1989.Opinion per Bumett, J. Jonathan
M Dana for Plaintiff, Daniel H. Wedderburn. Margaret A. Beller for the Defendan t Monique B. Wedderburn Ploss.
CRIMINAL LAW & PROCEDURE
SEARCH WARRANT
117 D.W.L.R. 2497 (Dec.6,1989)
Officers executing search warrant were not “refused admittance” where they waited five to seven seconds and heard no noise from inside house; motion to suppress evidence granted.
UNITED STATES v. COOPER, Su per. Ct. D.C., Crim. No. F-6109-88, October 31, 1989. Opinion per Burnett, J. Wendy Wysong and Jay B. Stephens for the United States. Arthur M Reynolds, Jr. for the Defendant.
CRIMINAL LAW & PROCEDURE
SEVERANCE
117 D.W.L.R. 2413 (Nov.24,1989)
Out-of-court statements by co-defendant that he is willing to plead guilty and accept responsibility for the offense is not basis for severance of co-defendant.
UNITED STATES v. BRACE, ET AL., Super. Ct. D.C., Crim. Nos. F-1088-89, F-1089-89 & F-1090-89, October 4,
- 1 Opinion per Burnett,J. James F. Rutherford for the United States.DavidA. Reiser for the Defendant Gary Brace.
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Daniel D. Ellenbogen for the Defendant Jertana M.Til lman. William Edmisten for the Defendant Courtney G. Williams.
CRIMINAL LAW & PROCEDURE
OPERATOR’S PERMIT
117 D.W.L.R.1749 {Aug.22,1989)
Defendant convicted of operating a motor vehicle after his permit had been revoked where he did not request a hearing and where he pleaded to felony.
DISTRICT OF COLUMBIA v. REYNOLDS, Super. Ct. D.C.,, Crim. No. Tl1871-87, May 31, 1989. Opinionper
Burnett,J. Anthony Gagliardi for the District of Columbia. Margaret Anthony for Defendant.
LANDLORD AND TENANT
COSTS
117 D.W.L.R. 1385 (July G, 1989)
Landlord is awarded associated charges,interest at 24% per annum, and attorneys fees in suit for possession.
LEHNDORFFU.S.A.(CENTRAL)LIMITED,£TAL.v.l33019THSTREETCORPORATION,Super.Ct.D.C.,L&T No. 29582-88, May 16, 1989. Opinion per Burnett,J. Philip D. Bartz and Cathleen A. Massey for Plaintiffs. Michael E. Brand for Defendant.
CRIMINAL LAW & PROCEDURE
OWl
117 D.W.L.R.1017 (May 18,1989)
Post-trialmotion for judgment of acquittalis denied in charge of driving while under the influence of a drug {PCP);legaland evidentiary issues discussed.
DISTRICT OF COLUMBIA v. SELLERS, Super. Ct. D.C., Crim. No. T-3490-88, March 22, 1989. Opinion per Burnett, J. Mary Ann Rodgers with Beverly J. Burke, Samuel J. Flanagan and Frederick D. Cooke for the District of Columbia. Scott D. Arnopol for the Defendant
LANDLORD AND TENANT
POSSESSION
117 D.W.L.R. 841 (Apr.26,1989)
Tenant was entitled to redeem lease and landlord denied possession where tenant tendered amounts due and prior default was not willful, calculated, or persistent.
LEHNDORFFU.S.A.(CENTRAL)LIMITED, ET AL.v.1330 19TH STREET CORPORATION,Super. Ct. D.C., L&T No. 29582-88, January 26, 1989. Opinion per Burnett, J. Philip D. Bartz and Cathleen A. Massey for the Plaintiffs. Michael E. Brand for the Defendant c
TRAFFIC REGULATIONS
COLLISION
117 D.W.L.R.105 (Jan.18,1989)
Traffic Adjudication Appeals Board decision is reversed where based on mere fact of collision being violation of traffic regulation.
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MALIK v. DISTRJCT OF COLUMBIA, Super. Ct. D.C., Crim. Div.,No. 843 470 574-88, December 1, 1988.Opinion per Burnett, J. Edward F. Kearney for Plaintiff. Talib Abdus-Shahid for District of Columbia.
CRIMINAL LAW & PROCEDURE
OPERATING MOTOR VEHICLE
116 D.W.L.R. 2369 (Nov.14,1988)
Person is “operating” motor vehicle for purpose of operating without license when seated in driver’s seat with car parked and keys ignition.
DISTRJCT OF COLUMBIA v. ALSTON, Super. Ct. D.C., Crim. No. T-4440-88, September 23, 1988. Opinion per
Burnett, J. Mary Ann Rodgers for the District of Colu mbia. Paul E. Nystrum, Jr. for the Defendant.
CRIMINAL LAW AND PROCEDURE
ENTRAPMENT
116 D.W.L.R. 2353 (Nov.10,1988)
Defense of entrapment by estoppel to charges of possession of pistol and ammunition without registration requires resolution by jury under circumstances presented.
DISTRICT OF COLUMBIA v. ROWAN, Su per. Ct. D.C., Crim. No. 02437-88, Septem ber 16, 1988. Opinion per Burnett, J. Thomas Collier w ith Frederick D. Cooke, Jr. and Samuel J. Flanagan for the District of Columbia. Raoul L. Carroll and Joseph E. diGenova for the Defendant Carl T. Rowan, Sr.
EVIDENCE
ATTORNEY-CLIENT PRIVILEGE
116 D.W.L.R. 2213 (Oct. 26,1988)
Former attorney may be compelled to te.;tify as to settlement of personalinjury lawsuit and produce original of check and settlement sheet because it is not subject to attorney-client privilege.
DISTRJCT OF COLUMBIA v.FORBES, Super. Ct. D.C., Crim. No. D0224-88, August 30, 1988. Opinion per Burnett, J. Veronica A. Porter with Samuel J Flanagan, William L. Davis and Frederick D. Cooke, Jr. for the District of Columbia. Philip Clarke Baten for the Defendant. Peter A. Chapin, prose for himself as subpoenaed witness.
CONSTITUTIONAL LAW
SUPREME COURT PLAZA
116 D.W.L.R.1881 (Sept. 12, 1988)
Supreme Court Plaza is not a “public forum”; statute forbidding assemblages on Supreme Court grounds is not unconstitutional.
UNITED STATES v. CONNELLY, ET AL., Super. Ct. D.C., Crim. Nos. M1252-88., July 13, 1988. Opinion per
Burnett, J. Richard L. Swick and Gene C. Schaerr for Defendants. John M Seabright for United States.
CRIMINAL LAW & PROCEDURE
DEFACING PUBLIC PROPERTY
116 D.W.L.R.1697 (Aug.17, 1988)
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Throwing blood on White House violates statute (D.C.Code§ 22-3112.1) prohibiting defacing public property.
UNITED STATES v. BOHLKE, Super. Ct. D.C., Crim. No. Ml645-87, July 14, 1988. Opinion per Burnett, J. Allie
Sheffield for Defendant. Thomas C. Buchanan for United States.
CRIMINAL LAW & PROCEDURE
TERRY STOP
116 D.W.L.R.1293 (June 23, 1988)
Motion denied to suppress bag,containing white powder,dropped by female defendant when asked to put hands on police car as part of Terry stop.
UNITED STATES v. WHITE, Super.Ct. D.C., Crim. No. M-2523-88, May 27, 1988. Opinion per Burnett,J. Sharon
Sprague with Katherine Winfree and Jay B. Stephens for United States. Nathan I. Silver for Ms. Leola D. White.
CRIMINAL LAW & PROCEDURE
CAPITOL DEMONSTRATION
116 D.W.L.R.917 (May 5,1988)
Prosecution for demonstration in Capitol Building does not require showing that defendants disrupted Congress.
UNITED STATES v. RUTHER, ET AL., Super. Ct. D.C., Crim. Nos. Ml5863-87, Ml5864-87, Ml5865-87 and Ml5866-87, March 17, 1988. Opinion per Burnett, J. John Gidez with Jay B. Stephens and Katherine Winfree for United States. Mark Goldstone for the Defendants.
CRIMINAL LAW & PROCEDURE
- CARRYINGA DANGEROUS WEAPON
116 D.W.L.R. 817 (Apr.22,1988)
Defendant was not entitled to dwelling house exception in carrying a dangerous weapon statute where he had no possessory interest in aunt’s residence where he stayed without paying rent.
UNITED STATES v. FORTUNE, Super. Ct. D.C., Crim. No. M-12341-87, March 16, 1988. Opinion per Burnett, J.
Gary Wheeler with Joseph diGenova and Katherine Winfree for United States. Joyce Berman for the Defendant.
CRIMINAL LAW & PROCEDURE
SEARCH
116 D.W.L.R. 697 (Apr.7,1988)
Search incident to traffic violation was in violation of Fourth Amendment rights where only factor was furtive movement of driver.
UNITED STATES v. STRAUGHN, Super. Ct. D.C., Crim.No. Ml3339-87, March 7, 1988. Opinion per Burnett, J. Gary Wheeler with Joseph E. diGenova, Katherine Winfree and John P. Gidez for the United States. Shail/y Agnihotri
for the Defendant.
CRIMINAL LAW & PROCEDURE
BAIL
116 D.W.L.R.641 (Mar.31,1988)
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Application to modify bailrequirement is denied where defendant had no ties to community and has not been candid with Pre-trialService Agency.
UNITED STATES v. MORGAN, Super. Ct. D.C., Crim. No. M14937-87, January 21, 1988. Opinion per Burnett, J.
Katherine Winfree with Joseph E. diGenova for the United States. Richard E. Holliday, Jr. for Defendant.
BUXBAUM, PAULs. Hearing Commissioner (1987-95)
CRIMINAL LAW & PROCEDURE
PREVENTIVE DETENTION
115 D.W.L.R. 1741 (Aug. 21, 1987) 3
Clear and convincing quantum of proof is necessary for preventive detention under D.C.Code § 23-
1325(a).
UNITED STATES v. COOPER, ET AL., Super. Ct. D.C., Crim. Nos. F-6808-87 and F-6809-87, July 2, 1987. Opinion per Buxbaum, Commissioner. Terence Keaney for United States. PaulS. Blumenthal for Defendant Cooper. Michael J McCarthy for Defendant Lyons.
BYRD, JERRY s. Hearing Commissioner (1981-2002) Magistrate Judge (2002-03)
Associate Judge (2003-)
CHILD SUPPORT
TERMINATION
129 D.W.L.R. 2397 (Dec.18, 2001)
D.C.Superior Court has jurisdiction to terminate its child support order based on emancipation of the child although neither parent nor the child reside in D.C.
NEAL v. McCRAY, Super. Ct. D.C., No. PS-638-96, September 26, 2001. Opinion per Byrd, C. C.J Janus for
Plaintiff.
JUDGMENTS
RULE 60
129 D.W.L.R. 1029 (May 29,2001)
Party seeking to vacate judgment and quash writ of attachment is denied relief where she has not met requirements of Rule 60 for relief.
TERRACE MANOR LTD. PARTNERSHIPv. TILLERY, Super. Ct. No. SC-133-91, February 14,2001. Opinion per
Byrd, C. C.B. Hane for Plaintiff. H.A. Cramer and A.R. Marblestein-Deare, pro bono publico, for Defendant.
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3 This was the ftrst opinion to be published by a D.C. Superior Court Hearing Commissioner.