THOMPSON, Associate Judge: Appellant Earl Porter appeals from the trial court's denial of his D.C.Code 23-110 motion, in which he sought relief on the ground that he received ineffective assistance from his trial counsel. The motion argued that Porter's trial counsel was ineffective in failing to seek suppression of evidence recovered from the scene of an alleged robbery. The trial court assumed that appellant's trial counsel was remiss in that regard and that a motion to suppress would have...
THOMPSON, Associate Judge: After a bench trial, appellant Terrance Crossland was found guilty of two counts of assault on a police officer ("APO"), in violation of D.C.Code 22-405(b) (2001). On appeal, he challenges the sufficiency of the evidence. He also asserts that the trial court erred in denying his post-trial motion for a judgment of acquittal, which he sought as a sanction against the government for the police officers' violation of his Fourth Amendment rights. We affirm. I. The...
FootNotes 1. These appeals have not been formally consolidated, but, recognizing the similarity of the issues, this court ordered that they be argued on the same day, before the same division. We now decide both appeals in a single opinion. 2. D.C.Code 1-608.01(d-2)(1) provides for both Career Service promotions and Excepted Service appointments to the position of Commander. Career Service employees are subject to, and protected by, the Comprehensive Merit Personnel Act (CMPA); they...
THOMPSON, Associate Judge: Jamel Mackabee was convicted by a jury of second-degree murder while armed, assault with intent to kill while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence ("PFCV"), and carrying a pistol without a license. On appeal, he presents one principal issue for our consideration. He contends that he is entitled to a new trial under Brady v. Maryland 1 because the prosecution suppressed material exculpatory...
NEBEKER, Senior Judge: On December 16, 2008, a jury found appellant Andre Cooper guilty of first-degree fraud, two counts of uttering, and two counts of first-degree theft as a result of his involvement in two transactions designed to obtain hardwood flooring by tendering fraudulent checks. The trial court first dismissed the charges with prejudice, but on motion of the government, reinstated them. On appeal, Cooper argues that his trial date was set after the 180-day time frame provided by...
Thompson, Associate Judge: On February 16, 2009, respondent Mary Bomers, having been discharged from work as a legal secretary for petitioner Robert Hickey, applied for unemployment compensation benefits. The District of Columbia Department of Employment Services ("DOES") initially denied the claim on the basis of information provided by Hickey that Bomers had been an independent contractor rather than an employee. Bomers appealed that determination to the Office of Administrative Hearings ("...
BELSON, Senior Judge: Appellant Bachar Youssef was convicted of first-degree fraud 1 and first-degree theft 2 following a three-day jury trial. On appeal, he contends his charges merge under the Double Jeopardy Clause and that the trial court plainly erred by failing to provide, sua sponte, a unanimity instruction for both of his charges. We affirm. I. From September 7 through 13, 2007, appellant engaged in a series of transactions, which in the aggregate allowed him to overdraw...
OBERLY, Associate Judge: On January 27, 2009, a jury convicted appellant Marcel A. Johnson of kidnapping, first-degree sexual abuse, and robbery. One month later, on February 27, 2009, Johnson pled guilty to unrelated charges of assault with a dangerous weapon ("ADW") and possession of a firearm during a crime of violence ("PFCV"). Johnson was sentenced for both the January and February charges on May 15, 2009. On appeal he argues that the sentences imposed upon him were illegal because they "...
WASHINGTON, Chief Judge. Appellant Tamrat Medhin challenges the trial court's grant of summary judgment in favor of appellee Teshome Hailu. Hailu sued for a declaratory judgment that funds he had placed in escrow pending resolution of a dispute over a commission fee with Medhin, his real estate broker, belonged to him. Finding that the statute of limitations had run on any claim Medhin may have had to the commission, the trial court granted judgment to Hailu. On appeal, Medhin argues that the...
BLACKBURNE-RIGSBY, Associate Judge: This appeal arises from an accident in which appellant Charles Presley ("Presley"), a construction worker renovating the main United States Department of State ("State Department") building, was injured after falling from a twenty-foot high cooling tower assembly. Appellants Charles and Victoria Presley brought suit against both the operator of the crane, CMR, 1 and a consultant to the construction project charged with monitoring the project, CRSS, 2 who...
OBERLY, Associate Judge: A jury convicted Jeremiah Lester of armed first-degree premeditated murder; armed first-degree felony murder; attempted armed robbery; three counts of possession of a firearm during a crime of violence ("PFCV"); and carrying a pistol without a license ("CPWL"). 1 The convictions stemmed from the execution-style murder of Eric "Big E" Murray on April 2, 2002. On appeal, Lester argues that (1) the admission of a "Certificate of No Record" ("CNR") of a license to carry a...
BELSON, Senior Judge: Appellant, Marcus Paige, and his co-defendant, James Hill, were charged jointly with the first-degree murder while armed (premeditated) 1 of Otis Graham and possession of a firearm during a crime of violence ("PFCV"), 2 and were charged individually with carrying a pistol without a license ("CPWL"). 3 Mr. Hill entered a guilty plea on September 10, 2002, and in March 2003 the charges against appellant proceeded to a trial by jury, which resulted in a mistrial when the...
RUIZ, Associate Judge: After suffering a stroke in October of 2000, appellant sued appellees for medical malpractice. Following a jury verdict and judgment for appellant on March 19, 2004, appellees challenged application of District of Columbia law to the amount of non-economic damages allowed; and, on appeal, we agreed that the Maryland cap on non-economic damages applied to appellant's claim. See Drs. Groover, Christie & Merritt, P.C. v. Burke, 917 A.2d 1110 , 1119 (D.C.2007). Following...
PER CURIAM: This is an equitable contribution case derived from a medical malpractice action. The plaintiff and settling anesthesiologist entered into an unusual contractual arrangement to preserve the anesthesiologist's claim of contribution from the non-settling surgeon, but solely for the purpose of assigning that claim back to the plaintiff for her ultimate benefit. The non-settling surgeon contends that the settling parties had contracted that contribution claim away. Contrary to the...
PER CURIAM: Appellant was convicted on one count each of fleeing from a law enforcement officer 1 and reckless driving. 2 He received consecutive prison sentences of 28 months for the flight conviction and three months for reckless driving, to be followed by three years of supervised release. He contends that (1) the District of Columbia lacked authority to prosecute the flight charge; (2) the trial court committed reversible error by denying his motion for a mistrial and allowing the trial...
NEBEKER, Senior Judge: Appellant entered an unconditional guilty plea to three charges: attempted carrying a pistol without a license ("ACPWL"); possession of an unregistered firearm ("UF"); and unlawful possession of ammunition ("UA"). 1 After a suspended sentence and unsupervised probation, he filed a petition for writ of error coram nobis, which was denied by the trial court. On appeal, appellant contends that his convictions are invalid because: (1) the Armored Car Industry...
PER CURIAM: We have previously had occasion to address this case in In re T.W.M., 964 A.2d 595 (D.C.2009), where we vacated the trial court's order which granted T.W.M.'s petition to adopt T.E., her foster child, and denied A.E.'s competing adoption petition over the objection of S.E. and T.B., T.E.'s birth parents. Finding that the trial court failed to give appropriate consideration to the birth parents' preference to have A.E. (S.E.'s cousin) adopt T.E., we remanded to the trial court...
REID, Associate Judge: Petitioner Taj Gilmore asks us to review the decision of the District of Columbia Office of Administrative Hearings ("OAH") upholding the Department of Employment Services' ("DOES") determination that he was disqualified from receiving unemployment insurance benefits. We reverse and remand for the reasons stated below. I. The record shows that Mr. Gilmore was employed as a bus driver with Atlantic Services Group ("Atlantic") from approximately January 2008 through June...
KRAMER, Associate Judge: Andrena Crockett appeals the trial court's entry of a non-redeemable judgment for possession and the striking of her pleadings as a sanction for non-payment of a protective order under Superior Court Landlord and Tenant Rule 12-I(g). We find no error and affirm. Deutsche Bank National Trust (the Trust) foreclosed on Crockett's house in December of 2009. At the foreclosure sale, the Trust itself purchased the home. Subsequently, the Trust provided Crockett with thirty-...
KRAMER, Associate Judge: Vincent Workman appeals his convictions for first-degree murder while armed, possession of a firearm during a crime of violence (PFCV) and two counts of carrying a pistol without a license (CPWL). D.C.Code 22-2101 to -4502-4504 (b)-4504 (a). Workman argues that the trial court erred by declining to sever one of the CPWL counts from the other counts, and by declining to adopt his proposed language for a jury instruction regarding motive. We find no error and affirm....
