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United States Court Cases

District Of Columbia Court Of Appeals Record

JOHN CURTIS V. UNITED STATES

Case Information: 87-CF-1416
Short Caption:JOHN CURTIS V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:87-CF-1416Consolidated: 90-CO-1472 , 92-CO-0290
Superior Court or Agency Case Number:F4954-86Filed Date:12/14/1987

Opening Event Date:12/14/1987Case Status:Closed
Record Completed:02/25/1991Post-Decision Matter Pending:
Briefs Completed:04/13/1994
Argued/Submitted:09/27/1994
Disposition:Next Scheduled Action:
Mandate Issued:10/25/1994

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJohn Curtis N
Gregory C. Powell YN
AppelleeUnited StatesN
John R. Fisher NN
Robert T. Swanson YN

Events
Event DateStatusDescriptionResult
01/01/1901CURTIS, JOHN UNITED STATES
01/01/19022/14/92 MMP
01/01/1903NOTE - 01 2/10/88 ORD: GRANT MO OF NOTE - 01 COUNSEL FOR APLT TO W/D & NOTE - 02 VACATE APPMT OF BARBARA R. NOTE - 02 MILLER & APPT PDS TO REPRESENT NOTE - 03 APLT; CLK OF SUPER CRT TO NOTE - 03 TRANSMIT REC FORTHWITH. NOTE - 04 4/27/88 ORD: 88-14 DISMISSED NOTE - 04 AS DUPLICATIVE OF 87-1416; NOTE - 05 87-1416 STAYED PENDG DISP OF NOTE - 05 NEW TRL MO IN TRL CRT;COUNSEL NOTE - 06 FOR APLT TO NOTIFY THIS CRT NOTE - 06 UPON DISP OF PENDG MO. NOTE - 07 3/19/91 ORD: GRANT MO OF APLT NOTE - 07 TO REINSTATE TO EXTENT THAT NOTE - 08 HIS APPL FROM HIS CONVICTION NOTE - 08 OF THE OFFENSE OF CARRYING A NOTE - 09 PISTOL W/OUT A LICENSE IS NOTE - 09 REINSTATED AS NO. 87-1416; NOTE - 10 SS, CONSOLD 87-1416 & 90-1472 NOTE - 10 FOR ALL PURPOSES; CASES STAYED NOTE - 11 PENDG COMPLETION OF APLT'S NEW NOTE - 11 TRL FOR FIRST DEGREE MURDER; NOTE - 12 APLT TO ADVISE THIS CRT IN 30 NOTE - 12 DAYS AS TO STATUS OF APLT'S NOTE - 13 TRIAL FOR FIRST DEGREE MURDER. NOTE - 13 NOTE - 14 CON 90-1472 NOTE - 14 NOTE - 15 12/6/91 ORD: STMT OF COUNSEL NOTE - 15 FL ON 11/19/91 STATING THAT MR NOTE - 16 CURTIS ENTERED A PLEA OFGUILTY NOTE - 16 TO ONE COUNT OF UNARMED MAN- NOTE - 17 SLAUGHTER BEFORE HON. STEPHEN NOTE - 17 F. EILPERIN, & SENTENCED ON NOTE - 18 9/26/91 TO A TERM OF FIVE TO NOTE - 18 FIFTEEN YEARS. MR. CURTIS NO NOTE - 19 LONGER HAS ANY MATTERS PENDG NOTE - 19 TRIAL IN CONNECTION W/CASE NOTE - 20 F4954-86. F/O BRF OF APLT DUE NOTE - 20 W/IN 40 DAYS FR DTD OF ORDER. NOTE - 21 12/30/91 ORD: GR MO OF CNSL FR NOTE - 21 APLT; APMT OF JAMES KLEIN, ESQ NOTE - 22 IS HEREBY VACT'D & MINDY A. NOTE - 22 DANIELS, ESQ IS HEREBY APPTD NOTE - 23 TO REPRESENT APLT HEREIN; ATTY NOTE - 23 KLEIN SHALL TRANSMIT ALL DOCS NOTE - 24 PERTAINING TO THIS APPEAL TO NOTE - 24 NEWLY-APPTD CNSL; BRF OF APLT NOTE - 25 DUE IN 40 DAYS. NOTE - 25
01/01/1906 MILLERB VACATED 2/10/88. KLEINJ VACATED 12/30/91
12/14/1987NOTICE OF APPEAL
01/14/1988APPOINTING COUNSEL/CO REFERRAL (CJA) BARBARA R. MILLER, ESQ. PANEL SCDATE 000000 SCHPRD
01/21/1988APPELLANT'S DOCKETING STATEMENT PB PANEL SCDATE 012588 SCHPRD DSA
01/21/1988COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS OF BARBARA MILLER /APLT'S ATTY PB PANEL SCDATE 000000 SCHPRD
02/05/1988RECORD ON APPEAL PB PANEL SCDATE 021288 SCHPRD R
02/10/1988ORDER SEE NOTE FIELDS 01-03. DAS PANELPY SCDATE 020488 SCHPRD X
03/10/1988ACTION SLIP MAILED JB PANEL SCDATE 000000 SCHPRD
03/10/1988SUPPLEMENTAL RECORD #1 (46 PGS - RUST) JB PANEL SCDATE 030988 SCHPRD RT
04/19/1988APPELLANT'S MOTION TO CONSOLIDATE WITH 88-14 & TO EXTEND TIME TO FILE BRIEF PENDING OUTCOME OF MOTION FOR NEW TRIAL JB PANEL SCDATE 041988 SCHPRD BA
04/22/1988SUPPLEMENTAL RECORD #2 (98 PGS - RUST) JB PANEL SCDATE 000000 SCHPRD
04/27/1988ORDER SEE NOTE FIELDS 04-06. DAS PANELPY SCDATE 042088 SCHPRD Q
05/02/1988SUPPLEMENTAL RECORD #1 (657 PGS - RUST) JB PANEL SCDATE 000000 SCHPRD
07/28/1989ORDER SS, APLT IN 10 DAYS TO FL A STATEMENT RE STATUS OF 23-110 MO PENDING IN THE TRIAL CRT. PANELRBH SCDATE 052688 SCHPRD CHECK
08/07/1989STATEMENT OF APPELLANT REGARDING 23-110 MOTION FILE IN THE TRIAL COURT JB PANEL SCDATE 080789 SCHPRD STATE
08/10/1989ORDER COUNSEL FOR APLT TO FL 23-110 MO IN TRL CRT W/COPY TO THIS CRT BY 9/30/89. DAS PANELRO SCDATE 080989 SCHPRD X
09/14/1989APPELLANT'S ANSWER/RESPONSE RE 23-110 MOTION AD PANEL SCDATE 093089 SCHPRD ANSA
10/13/1989ORDER APLT MO TO EXT TM TO FL 23-110 MO IN TRIAL COURT TO 10/30/89. MEH PANELRO SCDATE 100589 SCHPRD M
10/30/1989STATEMENT OF APPELLANT RE: 10/13/89 ORDER & 23-110 MOTION RJG PANEL SCDATE 103089 SCHPRD CHECK
01/19/1990ORDER DIRG COUNSEL FOR APLT, ON OR BEF 1/31/90, TO FILE STMT RE STATUS OF MOT IN TR. CT. FVH PANELRBH SCDATE 000000 SCHPRD
01/30/1990STATEMENT COURT'S ORDER OF 1-19-90 AD PANEL SCDATE 013190 SCHPRD STATE
03/20/1990ORDER DIRG COUNSEL FOR APLT, W/IN 30 DAYS, TO FILE STATE RE STATUS OF MOT IN TRIAL CT. FVH PANELRBH SCDATE 000000 SCHPRD
03/23/1990STATEMENT OF APPELLANT'S COUNSEL RE: MOTION FOR NEW TRIAL IN LOWER COURT RJG PANEL SCDATE 041990 SCHPRD STATE
05/30/1990ORDER COUNS FOR APLT TO ADVISE THIS CRT W/IN 30 DAYS AS TO STATUS OF PENDING MO IN TRL CRT. GW PANELRBH SCDATE 050890 SCHPRD V
06/29/1990STATEMENT OF APLT AJ PANEL SCDATE 062990 SCHPRD STATE
08/10/1990ORDER COUNSL FOR APLT TO ADVISE THIS CRT W/IN 30 AS TO STATUS OF PENDING MO IN TRL CRT. GW PANELRBH SCDATE 080690 SCHPRD V
08/23/1990STATEMENT OF APLT TO ORDER 8/10/90 MOTION FOR NEW TRAIL AJ PANEL SCDATE 091090 SCHPRD CHECK
10/15/1990ORDER COUNS FOR APLT TO ADVISE THIS CRT W/IN 30 DAYS AS TO STATUS OF PENDING MO FL IN TRL CRT.GW PANELRO SCDATE 100490 SCHPRD V
11/13/1990APPELLANT'S ANSWER/RESPONSE STATUS OF PENDING MOTION AJ PANEL SCDATE 111490 SCHPRD ANSA
11/14/1990RECEIVED COPY OF LETTER & ORDER FROM JUDGE WEISBERG RE: VACATION OF CONVICTION RJG PANEL SCDATE 000000 SCHPRD
11/19/1990ORDER THAT THIS CASE IS HEREBY REMANDED TO THE SUP. CT. FOR FURTHER PROCEEDINGS SL PANELRO SCDATE 111690 SCHPRD TO
11/20/1990MISCELLANEOUS SUBSTANTIVE MOTION OF APPELLANT FOR PARTIAL REINSTATEMENT OF APPEAL RJG PANEL SCDATE 000000 SCHPRD
02/25/1991SUPPLEMENTAL RECORD #1 (68-PGS/HILTON) AJ PANEL SCDATE 000000 SCHPRD
02/25/1991RECORD COMPLETED
03/19/1991ORDER SEE NOTE FIELDS 07-13. DAS PANELBESTPY SCDATE 011091 SCHPRD VS
04/18/1991STATEMENT OF APLT RE: 3/18/91 ORDER AJ PANEL SCDATE 041891 SCHPRD CHECK
05/07/1991ORDER APLT TO ADVISE CT W/IN 30 DAYS AS TO THE STATUS OF THE 1ST DEG. MURDER TRIAL. AD PANELRBH SCDATE 050391 SCHPRD K
06/07/1991STATEMENT RE TRIAL SET FOR 9/23/91 BEFORE J. EILPERIN PMB PANEL SCDATE 060691 SCHPRD ANSA
09/26/1991PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
10/18/1991ORDER CNSL FR APLT TO ADVISE CRT IN 30 AS TO STATUS OF APLT'S 1ST DEGREE MURDER TRL. EVH PANELJAC SCDATE 100491 SCHPRD TT
11/19/1991STATEMENT OF APLT PURSUANT 10/18/91 AJ PANEL SCDATE 000000 SCHPRD
12/06/1991ORDER SEE NOTE FIELDS 15 THRU 20. JJ PANELRBH SCDATE 112791 SCHPRD B
12/09/1991COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS AJ PANEL SCDATE 000000 SCHPRD
12/30/1991APPOINTING COUNSEL/CO REFERRAL (CJA) MINDY A. DANIELS, ESQ. PANEL SCDATE 000000 SCHPRD
12/30/1991ORDER SEE NOTE FIELDS 21-25. EVH PANELRO SCDATE 121291 SCHPRD V
02/07/1992APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF UNTIL 3/9/92. PR PANEL SCDATE 021792 SCHPRD BA
02/13/1992ORDER GRANT MO OF APLT TO EXT TM TO FL BRF TO 3/9/92; NFX. DAS PANELRBH SCDATE 021892 SCHPRD OPA
02/14/1992MISCELLANEOUS PROCEDURAL MOTION OF PRO-SE APLT FOR REAPPOINT- MENT OF NEW ATTORNEY & FOR EX OF TM TO FL APPEAL AJ PANEL SCDATE 000000 SCHPRD
02/28/1992RECEIVED PRO SE LTR TO JUDGE EILPERIN WITH ATTACHMENT PMB PANEL SCDATE 000000 SCHPRD
03/13/1992COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
03/26/1992APPOINTING COUNSEL/CO REFERRAL (CJA) John O'B. Clarke, Jr., Esq.
03/26/1992ORDER, SUA SPONTE, CONSOLIDATING APPEAL nos. 87CF1416, 90CO1472 and 92CO290 for all purposes herein. (RO)
03/26/1992ORDER GRANTING APLT MO FOR APPOINTMENT OF COUNSEL and the appointment of Mindy A. Daniels, Esquire, is hereby vacated and John O'Brien Clarke, Esquire, is appointed to represent appellant herein. Mindy A. Daniels, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that appellant shall file the docketing statement in no. 92Co290 within 20 days from the date of this order. F/O that the brief of appellant shall be filed with this court within 40 days from the date of this order. (RO)
04/15/1992APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to hold briefing schedule in abeyance (no oppo)
04/15/1992APPELLANT'S DOCKETING STATEMENT
04/21/1992ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION (to hold the briefing schedule in abeyance), and the Clerk of Superior Court shall prepare and transmit the record on appeal in no. 92-CO-290 to this court forthwith. (RO)
05/06/1992RECORD ON APPEAL in 92-290
08/19/1992UNOPPOSED SUPPLEMENTAL MOTION TO STAY BRIEFING SCHEDULE.
09/03/1992ORDER GRANTING APPELLANT's UNOPPOSED MOTION TO STAY THE BRIEFING SCHEDULE to the extent that the stay of appeal shall remain in effect pending further order of this court. F/O that counsel for appellant shall advise this court within 30 days from the date of this order as to the status of the pending transcript needed for this appeal. (JWR)
09/24/1992MISCELLANEOUS/corrected pgs-Court Reporter-Burns- Shelton/Sup Rec #4 proc-8/28/91
10/05/1992STATEMENT from appellant re: status of transcripts.
10/06/1992SUPPLEMENTAL RECORD #5 (6-pgs/moore 5/6/91 proc.)
10/29/1992SUPPLEMENTAL RECORD - #6 (3 pgs/tape) proc 5/2/91
12/21/1992ORDER: The brief of appellant shall be filed within 40 days from the date of this order and the brief of appellee shall be filed within 30 days thereafter. Any requests for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
12/21/1992PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
01/15/1993COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS and ext. to file aplt's brief Granted
02/11/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to withdraw and appointment of new attorney.
02/17/1993ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the appointment of John O'B. Clarke, Jr., Esquire, is hereby vacated and Gregory C. Powell, Esquire, is hereby appointed to represent appellant herein. Joh O'B. Clarke, Jr., Esquire shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that the brief of appellant shall be filed within 40 days from the date of this order. F/O that former counsel for appellant's request for an extension of time within which to file the brief is denied as moot. (BY JWR)
02/17/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Gregory C. Powell, Esq.
03/30/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 5/28/93.
04/20/1993ORDER: Grant the motion of appellant for an extension of time within which to file his brief and the brief of appellant shall be filed on or before May 28, 1993. Any further request for an exte nsion of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
06/01/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 6/28/93.
06/16/1993ORDER: Grant the motion of appellant for an extension of time within which to file his brief and the brief of appellant shall be filed on or before June 28, 1993. Any further request for an extensionof time will be looked upon with disfavor an d granted only in extraordinary circumstances. (By WHN)
07/29/1993ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief out of time, setting forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply may result in counsel's appointment being vacated. (By WHG)
08/11/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 9/13/93.
08/25/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFto 9/13/93.
09/21/1993ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief out of time, setting forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply may result in counsel's appointment being vacated. (By RO)
10/05/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 10/18/93
10/18/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 10/25/93.
11/09/1993ORDER On consideration of the motions of aplt for an extension of time within which to file the brief up to and including 10/25/95, and it appearing it has not yet been filed. ORDERED that the brief shall be filed within 15 days.
11/10/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until December 10, 1993. (30 days)
11/17/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFto 12/2/93.
01/14/1994ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief out of time, setting forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply may result in counsel's appointment being vacated. (By RO)
01/27/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 7, 1994.
02/08/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 14, 1994.
02/16/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 22, 1994.
02/23/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 3/8/94.
03/14/1994APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
03/14/1994RECEIVED- aplt's brief
03/31/1994ORDER: Grant motion of appellant for leave to file the brief and the brief is filed; the brief of appellee shall be filed on or before April 13, 1994____(By WHN)
03/31/1994APPELLANT'S BRIEF
04/13/1994APPELLEE'S BRIEF
04/13/1994BRIEFS COMPLETED
04/15/1994SUPPLEMENTAL RECORD #7 (Appendix A - C)
04/25/1994FINAL SCREENING - REGULAR CALENDAR
09/13/1994APLT MOTION FOR LV TO FILE SUPPLEMENTAL BRF/MEMO and/or to file appellant's pro se supplemental motions
09/13/1994RECEIVED - supplements to brief (1. ineffective assistance of counsel twenty seven pages plua a 15 pages of appendix (2. Rule 11 violations by the trial court nine pages plus an 8 page appendix).
09/14/1994APPELLEE'S OPPOSITION to motion to supplement appellant's brief and/or to file appellant's pro-se supplemental motions.
09/15/1994NOTICE- of aplt designation of record for oral argument THOMAS G. ROSS FOR ORAL ARGUMENT
09/16/1994APPELLEE'S OPPOSITION - to aplt's motion to supplement aplt's brief and or to file aplt's pro-se supplemental motion
09/21/1994ORDER - Deny appellant's motion to supplement appellant's brief and appellant's motion to file supplementary motions, appellant's lodged supplementary motions, and appellee's opposition thereto. WHN
09/27/1994FiledACTION - Argued / Submitted
09/27/1994ARGUED (SC,KG,BE) Thomas G. ross, Esquire, for appellant. Thomas C. Black, Esquire, for appellee.
09/30/1994AFFIRMED MOJ (SC,KG,BE)
10/25/1994MANDATE ISSUED
01/27/1995NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI Supreme Court No. 94-7795
03/03/1995COPY OF PETITION FOR WRIT OF CERTIORARI 2/27/95 denied