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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)

Citation
Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)
Parent Document
Killingham v. District of Columbia Rental Housing Commission, 810 A.2d 925 (2002)
Jurisdiction
DC (municipal)
Effective Date
2002-11-27

Full Text

522 chars
Nevertheless, a determination by the Commission or the court as to what the hearing examiner would have found if the burden of proof by clear and convincing evidence had been placed on the landlord, as it should have been, is not an easy one to make. I therefore think it important to emphasize that a misalloeation of the burden of proof by clear and convincing evidence is different from (and far more difficult to characterize as harmless) than a misalloeation of the burden of proof by a preponderance of the evidence.