Monthly Archives July 2020

GRANT OF ATTORNEY’S FEES IN DC DIVORCE ACTION — DECONSTRUCTED

The DC Court of Appeals in McClintic v. McClintic, addressed and analyzed in details when it is appropriate for the trial court in divorce litigation to award attorney’s fees. Factually, parties unable to settle after more than a year and extensive mediation proceeded to trial with the trial court ultimately granting the divorce, dividing the marital property, and awarding the couple joint legal and physical custody of their three children. Subsequently, both parties sought to recover attorney’s fees, each arguing that the other had made the litigation burdensome and oppressive. Mrs. McClintic argued that Mr. McClintic’s systemically and throughout the
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DC DIVORCE RESIDENCY REQUIRMENTS

Before an action for divorce in the District can be filed, the residency requirements must be met.  Generally, the DC Court will have jurisdiction to hearing the matter if the following criteria are met: Specifically, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of the action. However, an action for divorce or legal separation by persons of the same gender, even if neither party to the marriage is a bona
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RECENT DC COURT OF APPEALS: RULE 16 VIOLATION: DC ASSAULT

The Court of Askew v. U.S., decided on July 2, 2020, addressed to what extent the government must preserve criminal evidence for discovery purposes. Askew was convicted on four counts of assault of police officers and on appeal challenged the government’s lack of both preserving and producing material evidence. Specifically, Askew argued that the trial court erred when it declined to sanction the government for violating Rule 16 by failing to preserve and produce: Surveillance footage from the rotating MPD-operated video camera located near where he was arrested, Footage from any video cameras located inside the police station where Mr.
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