WASHINGTON, Chief Judge: This appeal challenges the imposition of a fine and suspension of a liquor license held by petitioner, 1900 M Restaurant Associates, Inc., for the establishment Rumors Restaurant ("Rumors"). Petitioner argues that the findings underlying the decision of the District of Columbia Alcoholic Beverage Control Board ("ABC Board" or "Board") to impose the fine and suspend its license were not supported by substantial evidence. 1 We agree and therefore reverse. I....
GLICKMAN, Associate Judge: Magdalene Campbell and the Fort Lincoln Civic Association (collectively, "the Civic Association" or "appellants"), appeal from the trial court's dismissal of their suit against appellees, Fort Lincoln New Town Corporation, Inc., Fort Lincoln Realty Corporation, Inc., and Michele V. Hagans (collectively, "New Town" or "appellees"), under the District of Columbia Condominium Act ("Condominium Act"). 1 Appellants contend that the trial court erred in ruling that their...
THOMPSON, Associate Judge: On January 18, 2008, at about 1:00 p.m., a woman approached a United States Capitol Police ("USCP") Officer near the intersection of Delaware and D Streets, N.E., and told the officer that a man with a gun had asked her for directions to the United States Supreme Court. From the USCP command center, an officer watched the video feed from surveillance cameras in the area around the U.S. Capitol and saw images of a man walking with a shotgun. As shown on a recording...
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. BLACKBURNE-RIGSBY, Associate Judge. Following a jury trial, appellant Frank Leon Johnson 1 was convicted of first-degree premeditated murder while armed, second-degree burglary while armed, first-degree felony murder while armed, carrying a pistol...
RUIZ, Senior Judge: Appellant was convicted in Superior Court of several offenses related to an armed robbery of a group of individuals: one count of conspiracy to commit armed robbery, 1 one count of armed robbery, 2 four counts of assault with intent to rob while armed (AWIRWA), 3 one count of aggravated assault while armed (AAWA), 4 and two counts of possession of a firearm during a crime of violence (PFCV). 5 On appeal, he challenges the sufficiency of the evidence to support the...
RUIZ, Senior Judge: Michael Longus was convicted of armed second-degree murder 1 and possession of a firearm during a crime of violence (PFCV) 2 in connection with the drive-by shooting of Maurice Brown. On appeal, he argues that his due process rights under the Fifth Amendment were violated when the government failed to correct the false statement of a detective who corroborated the testimony of a key witness in the case; and that his Sixth Amendment right to confront adverse witnesses was...
RUIZ, Senior Judge: Petitioner D.C. Appleseed Center for Law and Justice, Inc. (Appleseed) seeks our review of the decision and order of the respondent, District of Columbia Department of Insurance, Securities, and Banking (Department or DISB), determining that the 2008 surplus of intervenor, Group Hospitalization and Medical Services, Inc. (GHMSI), was not "excessive" for purposes of the Hospital and Medical Services Corporation Regulatory Act of 1996, as amended by the Medical Insurance...
BLACKBURNE-RIGSBY, Associate Judge: Following a jury trial, appellant Frank Leon Johnson 1 was convicted of first-degree premeditated murder while armed, second-degree burglary while armed, first-degree felony murder while armed, carrying a pistol without a license, and three counts of possession of a firearm during a crime of violence. 2 Following closing arguments and prior to jury deliberations, the trial judge granted the government's motion to replace a regular juror with an alternate...
BECKWITH, Associate Judge: Appellants Michael Robinson, Steven Edwards, and Davone Kellibrew appeal from numerous convictions arising from an incident in which the complainant, Donna Terry, was shot several times. A jury convicted all three appellants of assault with intent to kill while armed (AWIKWA), aggravated assault while armed (AAWA), assault with a dangerous weapon (ADW), and various gun-related charges. The jury also convicted Davone Kellibrew and Michael Robinson of kidnapping while...
FISHER, Associate Judge: Following a non-jury trial, appellant Kenneth Newman was convicted of attempted possession of a controlled substance (marijuana), in violation of D.C.Code 48-904.01(d), 48-904.09 (2001). 1 He asserts that the evidence was insufficient to sustain that conviction and that reversible error occurred when an officer testified about a field test he conducted on the green plant material. We disagree, and affirm. I. The Government's Evidence On the evening of August...
FISHER, Associate Judge: Invoking the constitutional protection against double jeopardy, appellant Jorida Davidson brings this interlocutory appeal seeking to preclude a second trial for voluntary manslaughter. See Abney v. United States, 431 U.S. 651 , 662, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977). She also seeks to forestall trial on a new charge of involuntary manslaughter. We conclude that, under the circumstances of this case, a retrial for voluntary manslaughter is not barred. However,...
RUIZ, Associate Judge, Retired: Appellant Shirley Ivey, a former District of Columbia employee, sued the District for discrimination and retaliation in her employment. The District moved successfully for summary judgment. On appeal, this court reversed in part and remanded. Ivey v. District of Columbia, 949 A.2d 607 (D.C.2008). A trial was held in November 2009 and the jury returned a partial verdict in favor of appellant, but awarded her only nominal damages. Appellant requests a new...
SCHWELB, Senior Judge: Ralph L. Clark, Jr. has asked this court to vacate his ten-year prison sentence for armed robbery and related weapons and other offenses on the grounds that the government breached its plea agreement with him by requesting that he be sentenced to serve twenty years in prison when it had agreed not to allocute for more than ten years. The government acknowledges that such a breach initially occurred, and we agree with Clark that the violation was serious and inexcusable....
EASTERLY, Associate Judge: Appellant, S.W., was adjudicated delinquent after being found guilty of felony threats to damage property, D.C.Code 22-1810 (2001) formerly D.C.Code 22-2307 (1981). 1 S.W. appeals, contending that the evidence was insufficient to find him guilty. We agree. The record reflects that the complainant, Cherie Gardner, and S.W. were friends with no history of animosity, much less violence. The day before the alleged threat was made Ms. Gardner experienced an...
RUIZ, Associate Judge, Retired: The Capitol Hill Restoration Society, petitioner, challenges the grant of a permit to The Heritage Foundation, intervenor, to add an additional floor to a building on the 200 block of Pennsylvania Avenue, S.E. The District of Columbia Mayor's Agent for Historic Preservation (the "Mayor's Agent") approved the permit in an order issued on September 4, 2009 (the "Order"). Petitioner filed a petition for review on October 15, 2009. On October 22, 2009, this court...
FERREN, Senior Judge: In this suit claiming compensatory and punitive damages for age discrimination, the plaintiff-appellant, Bonnie Cain, appeals the trial court's order granting summary judgment for the appellees, Deputy Mayor Victor Reinoso and the District of Columbia. The incidents at issue arose after the mayoral election of 2007 and the subsequent passage of the Public Education Reform Amendment Act of 2007. 1 Cain had worked on behalf of Mayor Adrian Fenty's campaign, and Reinoso—...
RUIZ, Associate Judge, Retired: Kevin Dobbins and Darion Ingram were each convicted after a lengthy trial of two counts of unarmed second-degree murder, D.C.Code 22-2103 (2001), as lesser-included offenses of armed first-degree (premeditated) murder and first-degree (felony) murder, in connection with the killing of Kenneth Muldrow, who died after he was viciously beaten and sexually assaulted. 1 Appellants Dobbins and Ingram raise several claims of trial court error, none of which, we...
THOMPSON, Associate Judge: On December 10, 2009, Kerry Shea Price filed a pro se complaint against the Washington Metropolitan Area Transit Authority ("WMATA") and its former General Manager John Catoe (together, "the WMATA defendants") and against Local 689, Amalgamated Transit Union ("the Union" or "Local 689") and Union President Warren George (together, the "Union defendants"), alleging that WMATA wrongfully discharged him and that the Union arbitrarily refused to take his grievance...
RUIZ, Associate Judge, Retired: While on probation for a manslaughter conviction, appellant was arrested, charged with and prosecuted for possession of marijuana with intent to distribute. 1 He was subsequently acquitted after a criminal trial in Superior Court; however, following a show-cause hearing, the trial court revoked his probation based on the same offense. Appellant contends that his due process rights were violated because, at the show-cause hearing, the government's case was...
FISHER, Associate Judge: Following a non-jury trial, the court found appellant guilty of several offenses related to his shooting of two individuals, one of whom was a bystander caught in the line of fire. The only issue that merits discussion in a published opinion is appellant's claim that assault with significant bodily injury ("felony assault"), D.C.Code 22-404(a)(2) (2011 Supp.), is not a crime of violence. If that is true, then appellant should not have been charged with assault with...
