D.C. Superior Court Opinions
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Plaintiff in domestic relations case may assert privilege against self-incrimination and refuse to answer questions regarding possible adultery, but when he asserts the privilege the Complaint will be dismissed.
Landlord and Tenant
Jury is instructed as to tenant's rent obligation where tenant claims housing violations.
Super. Ct. D.C. L&T No. 65513-76, October 7, 1976. Instructions per Ketcham, J.
CRIMINAL LAW & PROCEDURE
Under circumstances presented, substitute counsel was tantamount to absence of counsel at special iine-up and Court suppresses line-up testimony.
All property used by Howard University for educational purposes is ab initio exempt from tax by status, and assessment of its property is not presumed correct and taxing authority has burden of challenging assessment.
Procedure set forth for revocation of parole or probation where defendant is re-arrested on subsequent charge.
Where all heirs of intestate decedent are nephews and nieces of same degree of consanguinity, real property descents per stirpes and not per capita.
Criminal Law & Procedure
Prior carrying dangerous weapon misdemeanor conviction may be used to impeach defendant if he testifies.
Where decedent has been mentally incompetent after making a will and conservator extinguishes by sale particular legacy and such sale substantially distorts testamentary plan all legacies abate prorata unless contrary intention is shown by the will.
Landlord and Tenant
Landlord may not use self-help to obtain possession of dwelling by force, after dismissing suit for possession.
Where corporation has never filed income tax returns under 1939 Act or franchise tax returns under 1947 Act, imposition of 25 per centum penalty provided in both Acts for failure to file returns was mandatory.