STEADMAN , Senior Judge . Before us is a dispute over legal control of a District of Columbia nonprofit corporation, originally named the Unification Church International ("UCI"), 1 established in 1977 under the auspices of the Reverend Sun Myung Moon, founder of the Unification Church. UCI has received very substantial contributions in the past from entities under the greater Unification Church umbrella and manages millions of dollars in assets. Succinctly put, plaintiffs' complaint...
BECKWITH , Associate Judge : For nearly two hours of stationhouse questioning, in the face of false reports that several witnesses had identified him, a false claim that his fingerprints were found in the vehicle, and persistent illusory promises of favorable treatment if he confessed, eighteen-year-old Jolonta 1 Little remained steadfast in his denials that he was involved in the carjacking of which he was later convicted in this case. Things began to change, however, when a detective...
THOMPSON , Associate Judge : After a jury trial, appellant Ellsworth Colbert was convicted of manslaughter while armed, assault with a dangerous weapon (knife) ("ADW"), and carrying a dangerous weapon (knife) ("CDW"). 1 On appeal, he argues that he did not receive a fair trial because the government was not required to disclose a police file, obtained mid-trial, pertaining to the decedent's out-of-state conviction for assault. Appellant also assigns as error an instruction the trial court...
NEBEKER , Senior Judge : Following a jury trial, Ronald L. Atkinson appeals his conviction of one count of stalking, in violation of D.C.Code 22-3133(a)(3) (2012 Repl.), and six counts of Violating a Civil Protection Order (CPO), in violation of D.C.Code 16-1004(d), -1005(g) (2012 Repl.). 1 Appellant contends that the trial court erred in three respects, each requiring reversal of his convictions: (1) the trial court committed reversible error when it failed to instruct the jury on...
PRYOR , Senior Judge : Appellant/cross-appellee Michael Rosella ("appellant") filed an action in Superior Court alleging he was wrongfully discharged from his employment with Long Rap, Inc. ("Long Rap"), in retaliation for his ongoing protests of Long Rap's accounting practices. He alleged that his supervisors feared that his expressed disapproval of Long Rap's accounting systems would negatively affect a planned business acquisition of the company, and that his employment was terminated...
BECKWITH , Associate Judge : In the District of Columbia, sales tax is governed by D.C.Code 47-2001 to 47-2027. 1 That statute imposes tax on "vendors" for exercising the privilege of "selling at retail certain tangible personal property," as well as "selling certain selected services[.]" D.C.Code 47-2002(a). The definition of "retail sale" lists the services that are subject to sales tax. D.C.Code 47-2001(n)(1)(A)-(U). This case involves the contours of one of the statute's...
EASTERLY , Associate Judge : This case began when Christopher Ballard called 911. In an ensuing seventeen-minute "reasonable conversation" between Mr. Ballard and a 911 operator that the trial court found was "fairly level and coherent and balanced," but "perhaps mask[ed] ... [Mr. Ballard's] emotional agitation," Mr. Ballard accused Antoine Mayhand of threatening to stab him. Mr. Mayhand was charged with threats 1 and, because Mr. Ballard was due to testify against Mr. Mayhand's brother in...
McLEESE , Associate Judge : Appellant Michael Sanders seeks reversal of his conviction for assault with intent to commit robbery ("AWIR"). Mr. Sanders argues that the jury was not given adequate guidance in response to a jury note about an element of the offense. We agree. Concluding that the error was not harmless, we reverse and remand for further proceedings. I. The government presented the following evidence at trial. On May 17, 2013, Hoa Truong was riding a Metro train. According...
THOMPSON , Associate Judge : In December 2012, appellant Abune Samuel, identifying himself as the "duly constituted and appointed Archbishop of the Washington DC area diocese of the Ethiopian Orthodox Tewahedo Churches in the Diaspora[,]" filed a Complaint against appellees Nega Lakew and Tesfaye Nega — identified in the Complaint as, respectively, the President of the Board of Directors of Kedus Gabriel Ethiopian Orthodox Tewahedo Church ("Kedus Gabriel") and head of the Kedus Gabriel...
GLICKMAN , Associate Judge: In 1985, appellants were tried and convicted for the kidnapping, armed robbery, and first-degree felony murder while armed of Catherine Fuller on October 1, 1984. This court affirmed their convictions on direct appeal. Some twenty-five years later, appellants returned to Superior Court with motions to vacate their convictions pursuant to D.C.Code 23-110 (2012 Repl.) and the Innocence Protection Act ("IPA"), D.C.Code 22-4135 (2012 Repl.). Appellants claimed...
WASHINGTON , Chief Judge : A unanimous jury convicted appellant Michael A. Hartley of one count each of assault with intent to commit robbery while armed ("AWIRWA"), 1 assault with significant bodily injury ("felony assault"), 2 malicious destruction of property valued at less than $1,000, 3 and wearing a hood or mask while committing a crime 4 in connection with the attempted robbery of James Galloway-Reed ("JGR"). Appellant challenges the trial court's denial of his motion for...
This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. EASTERLY , Associate Judge . The issue presented in this case is whether a trial court may grant a landlord (or his agent) judgment of possession and an award of back rent based on a rent increase which the tenant has objected to and refused to...
FISHER , Associate Judge : A jury convicted appellant Brian Copeland of one count of first-degree sexual abuse with force. 1 Appellant later filed a motion for relief under D.C.Code 23-110 (2001), alleging that he was denied the effective assistance of counsel. Judge Epstein denied the motion without a hearing. 2 Because appellant failed to show that he suffered prejudice from counsel's allegedly deficient performance, we affirm. I. Background On April 22, 2008, appellant was charged...
THOMPSON , Associate Judge : In January 2013, plaintiffs/appellants Michael Francis and Queue, LLC ("Queue") brought suit against defendants/appellees Munir Rehman and HAK, LLC ("HAK"), alleging breach of contract, unjust enrichment, breach of fiduciary duties, and fraud and seeking an accounting. After the Superior Court dismissed certain of the claims and afforded appellants leave to amend their fraud claim, appellants voluntarily dismissed the remaining claims, positioning themselves to...
KRAVITZ , Associate Judge : A judge of the Superior Court found appellant Ben Saidi guilty of assault following a non-jury trial. Mr. Saidi appeals, contending that the evidence was insufficient as a matter of law to support his conviction and that the trial judge failed to make adequate "special findings" in accordance with his timely request under Rule 23(c) of the Superior Court Rules of Criminal Procedure. We reject the legal sufficiency argument but agree that the trial judge did not...
WASHINGTON , Chief Judge : Appellant Colin Andrew brought suit in the Superior Court against American Import Center ("AIC") and others, alleging breach of contract, fraud, and violations of the Consumer Protection Procedures Act arising out of his purchase of a car from AIC. The Superior Court stayed appellant's case and ordered the parties to proceed to arbitration pursuant to an arbitration agreement that was signed as part of the purchase transaction. Andrew appealed. The question before...
OKUN , Associate Judge , Superior Court of the District of Columbia: We live in an age of seemingly boundless information, and this information serves as one of our most vital currencies. In this case, the purchasers of a residence allege, in effect, that they were deprived of this currency because they were not provided with accurate information concerning an impending construction project at a neighboring building. With one exception, the trial court found that the purchasers failed to...
EASTERLY , Associate Judge : "[S]entencing is a critical stage of a criminal trial; to a criminal defendant, perhaps the most important." 1 The goal is to have the punishment fit the individual defendant and the crime he committed. That goal is not served when a sentencing judge relies on a mistaken understanding of a defendant's criminal history. In this case, Jerome Bradley was convicted of driving without a license, 2 operating a vehicle after revocation or suspension, 3 reckless...
RUIZ , Senior Judge : On July 5, 2012, appellant Eddie Williams was charged by superseding indictment with assault with a dangerous weapon (ADW), 1 possession of a firearm during a crime of violence (PFCV), 2 threats to injure another person (felony threats), 3 and commission of a felony while on release. 4 The first three charges were tried by a jury, which convicted appellant of felony threats and acquitted him of ADW 5 and PFCV. The court convicted him of committing a felony while...
