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United States Court Cases

District Of Columbia Court Of Appeals Record

JAMES H. NEAL V. UNITED STATES

Case Information: 87-CF-1226
Short Caption:JAMES H. NEAL V. UNITED STATESClassification:Appeals - Criminal Felony - Robbery Related
Lead:87-CF-1226Consolidated: 96-CO-1757 , 97-CO-1325 , 97-CO-1326 , 97-CO-1327 , 97-CO-1767 , 98-CO-0129 , 98-CO-0774
Superior Court or Agency Case Number:F2069-87Filed Date:10/23/1987

Opening Event Date:10/23/1987Case Status:Closed
Record Completed:08/03/1989Post-Decision Matter Pending:
Briefs Completed:10/13/1999
Argued/Submitted:03/15/2000
Disposition:Next Scheduled Action:
Mandate Issued:10/04/2000
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJames H. Neal Y
Brian C. Plitt NN
AppelleeUnited StatesN
John R. Fisher NN
Amul R. Thapar YN

Events
Event DateStatusDescriptionResult
01/01/1901NEAL, JAMES H. UNITED STATES
01/01/1902STATUS OF 23-110 MO?
01/01/1903NOTE - 01 03/05/90 ORD: PENDING REQUEST NOTE - 01 FOR PERMISSION TO REVIEW THE NOTE - 02 TAPED PROCEEDINGS. NOTE - 02 NOTE - 03 07/24/90 ORD:GRANT MO OF COUNS NOTE - 03 TO WITHDRAW APPEAL & APNTMT OF NOTE - 04 JAMES KLEIN, ESQ., IS VACATED, NOTE - 04 & NOEL F. DANTO, ESQ., IS NOTE - 05 APPOINTED TO REPRESENT APLT NOTE - 05 HEREIN. FORMER COUNSL TO NOTE - 06 TRANSMIT ALL DOCUMENTS OF THIS NOTE - 06 APPEAL TO NEWLY APPOINTED NOTE - 07 COUNSEL; F/O THAT BRF OF APLT NOTE - 07 TO BE FILED W/IN 40 DAYS. NOTE - 08 7/22/91 ORD: GRANT MO OF CNSL NOTE - 08 FOR APLT TO W/D & VACATE APPMT NOTE - 09 OF NOEL F. DANTO; DENY PRO SE NOTE - 09 MO OF APLT TO EXT TM AS MOOT; NOTE - 10 GRANT MO OF CHARLES STOW TO NOTE - 10 EXT TM TO EXTENT THAT THE BRF NOTE - 11 OF APLT OR AN APPROP MO SHALL NOTE - 11 BE FL ON OR BEFORE 8/15/91;NFX NOTE - 12 11/6/91 ORD: GR MOS OF APLT NOTE - 12 FR EXT OF TM TO FL BRF & TO NOTE - 13 FL A COPY OF APLT'S 23-110 MO; NOTE - 13 MO OF APLT TO STAY BRFNG SCHED NOTE - 14 IS DENIED W/O PREJ TO ITS NOTE - 14 RENEWAL WHEN COPY OF 23-110 NOTE - 15 MO IS FL W/THIS CRT. NOTE - 15 NOTE - 16 12/6/91 ORD: GR MO OF APLT TO NOTE - 16 STAY BRIEFING SCHED; CNSL FR NOTE - 17 APLT TO ADVISE CRT IN 30 AS TO NOTE - 17 STATUS OF 23-110 MO IN TRIAL NOTE - 18 CRT. NOTE - 18
01/01/1906 PDS VACATED 7/24/90
10/23/1987NOTICE OF APPEAL
10/30/1987RECEIVED NOTICE OF TRANSCRIPT ORDERED BY APPELLANT JB PANEL SCDATE 000000 SCHPRD
11/04/1987ORDER APPOINTING JAMES KLEIN, ESQ. AS COUNSEL FOR APLT. DOCKETING STATEMENT DUE IN 10 DAYS GG PANELPY SCDATE 000000 SCHPRD
11/16/1987APPELLANT'S DOCKETING STATEMENT MLH PANEL SCDATE 111687 SCHPRD DSA
12/21/1987ACTION SLIP MAILED RJG PANEL SCDATE 000000 SCHPRD
12/21/1987RECORD ON APPEAL RJG PANEL SCDATE 000000 SCHPRD
12/21/1987SUPPLEMENTAL RECORD (2ND RECORD CONTAINING PRO SE NOTICE OF APPEAL) MLH PANEL SCDATE 000000 SCHPRD
01/19/1988APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF UNTIL AFTER COMPLETION OF TRANSCRIPTS RJG (EBP) PANEL SCDATE 020188 SCHPRD BA
03/15/1988SUPPLEMENTAL RECORD #1 (23 PGS - OLIVER) JB PANEL SCDATE 000000 SCHPRD
09/29/1988SUPPLEMENTAL RECORD #2(810 PGS/SIMMS) AD PANEL SCDATE 081688 SCHPRD RT
11/04/1988RECEIVED CERTIFICATION OF RT OF THE 7/6/87 PROCEEDING FROM CT RPTR TREMEL. EBP PANEL SCDATE 000000 SCHPRD
11/23/1988ACTION SLIP MAILED GT PANEL SCDATE 000000 SCHPRD
11/23/1988SUPPLEMENTAL RECORD #1 (267 PGS RT - SIMMS) GT PANEL SCDATE 061488 SCHPRD RT
11/23/1988SUPPLEMENTAL RECORD #3(11 PGS /SIMMS) AD PANEL SCDATE 000000 SCHPRD
12/22/1988APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO AFTER RECEIPT OF REMAINING TRANSCRIPT MLR PANEL SCDATE 010389 SCHPRD BA
01/27/1989SUPPLEMENTAL RECORD #3 (131 PGS. -- SIMMS) RJG PANEL SCDATE 000000 SCHPRD
02/02/1989ORDER GRANT APLT MO FOR EXT TO FILE BR TO 40 DAYS AFTER RT. EBP PANELRBH SCDATE 011289 SCHPRD M
03/14/1989APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 4-14-89 (NO OPPO) AD PANEL SCDATE 000000 SCHPRD
04/13/1989ORDER GRANT APLT MO FOR EXT TO FILE BR TO 4/14/89. EBP PANELRBH SCDATE 032189 SCHPRD M
04/14/1989APPELLANT'S MOTION FOR STAY BRIEFING SCHEDULE PENDING CORRECTION OF THE RECORD RJG PANEL SCDATE 041489 SCHPRD BA
05/10/1989ORDER DIRECTING COUNSEL FOR APLT TO ADVISE COURT W/IN 30 DAYS OF STATUS OF TRANSC. FVH PANELRO SCDATE 000000 SCHPRD
06/12/1989STATEMENT OF APPELLANT PURSUANT TO COURT'S ORDER DATED 5/10/89 RJG PANEL SCDATE 061189 SCHPRD STATE
07/14/1989ORDER APLT TO FL FURTHER STATEMENT RE STATUS OF PREPARATION OF RT IN 20 DAYS. ACG PANELRBH SCDATE 070689 SCHPRD U
07/26/1989RECEIVED CORRECTED COPY OF TRANSCRIPT BY C.R. EDNA SIMMS ACG PANEL SCDATE 000000 SCHPRD
08/03/1989STATEMENT OF APPELLANT'S COUNSEL RE: PREPARATION OF TRANSCRIPTS RJG PANEL SCDATE 080389 SCHPRD STATE
08/03/1989RECORD COMPLETED
09/12/1989ORDER DIRG COUNSEL FOR APLT TO FILE BRIEF W/IN 40 DAYS FROM DATE OF THIS ORDER. ACG PANELRO SCDATE 000000 SCHPRD
09/28/1989APPELLANT'S MOTION FOR STAY BRIEFING SCHEDULE PENDING MOTION IN SUPERIOR COURT GT PANEL SCDATE 102389 SCHPRD BA
11/08/1989ORDER GRTG APLT'S MOT TO STAY BRIEFG SCH AND DIRG CNSL TO ADVISE CT UPON DISPOSITION. FVH PANELRO SCDATE 000000 SCHPRD
11/15/1989SUPPLEMENTAL RECORD (ORDER OF JUDGE SHUKER DATED 11/7/89) RJG PANEL SCDATE 000000 SCHPRD
02/23/1990STATEMENT REPORT OF APPELLANT AD PANEL SCDATE 120889 SCHPRD CHECK
03/05/1990ORDER DIRG COUNSEL FOR APLT, W/IN 30 DAYS TO FILE STMT RE STATUS OF (SEE NOTE FIELDS 1 & 2) FVH PANELRBH SCDATE 000000 SCHPRD
04/04/1990STATEMENT OF APPELLANT RE: TRANSCRIPT REQUEST RJG PANEL SCDATE 040590 SCHPRD STATE
04/11/1990ORDER DIRG COUNSEL FOR APLT, W/IN 30 DAYS TO FL STMT RE STATUS OF MO PENDING IN TRAIL COURT. PANEL SCDATE 040590 SCHPRD V
04/20/1990SUPPLEMENTAL RECORD #4(1233 PGS/SIMMS) AD PANEL SCDATE 000000 SCHPRD
05/11/1990STATEMENT OF APPELLANT RE: TRANSCRIPTS & BRIEF RJG PANEL SCDATE 051190 SCHPRD BA
07/10/1990COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS AND FOR APPOINTMENT OF SUCCESSOR COUNSEL AD PANEL SCDATE 000000 SCHPRD
07/24/1990APPOINTING COUNSEL/CO REFERRAL (CJA) NOEL F. DANTO, ESQ. PANEL SCDATE 000000 SCHPRD
07/24/1990ORDER SEE NOTE FIELDS 03 THUR 07 GW PANELRO SCDATE 071690 SCHPRD V
09/05/1990APPELLANT'S MOTION FOR STAY TO (?) AD PANEL SCDATE 090490 SCHPRD BA
09/18/1990ORDER GRANT MO OF APLT TO STAY TO EXTENT THAT THE BRF OF APLT TO BE FL IN 30 DAYS; NFX. DAS PANELFF SCDATE 091090 SCHPRD B
10/18/1990APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 11-19-90 NO OPPO AD PANEL SCDATE 101890 SCHPRD BA
10/25/1990ORDER GRT APLT MO X TM TO FL BRF TO 11/19/90. NFX. JJ PANELRBH SCDATE 102290 SCHPRD B
11/19/1990APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 11-30-90 NO OPPO AD PANEL SCDATE 111990 SCHPRD BA
12/27/1990APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO JANUARY 7, 1991 RJG PANEL SCDATE 000000 SCHPRD
01/22/1991RECEIVED PRO SE LETTER FROM APPELLANT RE: INEFFECTIVE ASSISTANCE OF COUNSEL RJG PANEL SCDATE 000000 SCHPRD
01/29/1991RECEIVED LETTER FROM APLT RE: ATTORNEY AJ PANEL SCDATE 000000 SCHPRD
02/13/1991LETTER REFERRING TO COUNSEL FOR APLT LTRS RECVD FROM APLT; RESPONSE DUE IN 10 DAYS SL PANELRBH SCDATE 013191 SCHPRD TT
03/04/1991LETTER SECOND LTR TO COUNSEL FOR APLT REQUESTING RESPONSE TO APLT'S LTRS RECVD BY THIS COURT SL PANELRBH SCDATE 022591 SCHPRD ANS
05/06/1991ORDER DIR APLT BRF W/IN 5 DAYS OR APPT VACATED. AD PANELRO SCDATE 043091 SCHPRD K
05/13/1991COUNSEL'S MOTION TO WITHDRAW (ANDERS) APPELLANT'S RJG PANEL SCDATE 051391 SCHPRD BA
05/13/1991RECEIVED MEMO ACCOMPANYING ANDERS MOTION RJG PANEL SCDATE 000000 SCHPRD
05/15/1991LETTER TO APLT RE ANDERS FILED BY COUNSEL. RESPONSE DUE BY 6/17/ 1991. AD PANELJEP SCDATE 051591 SCHPRD K
06/17/1991MISCELLANEOUS PROCEDURAL MOTION MOTION REQUESTING MORE TIME TO RESPOND TO 5/16/91 ORDER PMB PANEL SCDATE 000000 SCHPRD
06/25/1991APPEARANCE OF CHARLES F. STOW, III AS RETAINED COUNSEL FOR APPELLANT RJG PANEL SCDATE 000000 SCHPRD
07/08/1991APPELLANT'S MOTION FOR STAY TO 9/7/91 -- PMB PANEL SCDATE 000000 SCHPRD
07/08/1991MOTION(S) FEE PAID PMB PANEL SCDATE 000000 SCHPRD
07/22/1991ORDER SEE NOTE FIELDS 08-11. DAS PANELRO SCDATE 072291 SCHPRD OPE
08/15/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 9/1/91 PMB PANEL SCDATE 081591 SCHPRD BA
09/03/1991APPELLANT'S MOTION FOR STAY PENDING THE FILING AND DETERMINATION OF APLT MOTION TO SET ASIDE HIS CONVICTION PB PANEL SCDATE 000000 SCHPRD
09/26/1991MISCELLANEOUS PROCEDURAL MOTION OF APLT EX TM TO 9/30 TO FL A COPY OF MO TO TR CT REQUEST VAC OF HIS CONVICTION AJ PANEL SCDATE 000000 SCHPRD
10/01/1991RECEIVED COPIES OF APLT'S MOTION TO VACATE CONVICTIONS, ETC. FILED IN SUP. CRT RJG PANEL SCDATE 000000 SCHPRD
11/06/1991ORDER SEE NOTE FIELDS 12-15. EVH PANELRO SCDATE 110491 SCHPRD TT
12/06/1991ORDER SEE NOTE FIELDS 16-18. EVH PANELRO SCDATE 111491 SCHPRD V
01/17/1992ORDER CNSL FR APLT TO ADVISE THIS CRT IN 10 RE STATUS OF 23-110 MO. EVH PANELRO SCDATE 011492 SCHPRD V
01/27/1992APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSETO JANUARY 31, 1992 RJG PANEL SCDATE 020392 SCHPRD STATE
02/03/1992APPELLANT'S ANSWER/RESPONSE RE 23-110 MOTION PMB PANEL SCDATE 000000 SCHPRD
02/18/1992APPELLANT'S ANSWER/RESPONSE TO 1/17/92 ORDER. DAS PANEL SCDATE 000000 SCHPRD
02/18/1992ORDER GRANT MO OF APLT TO EXT TM TO FL RESP TO 1/17/92 ORD & RESP IS FL. DAS PANELRBH SCDATE 012892 SCHPRD TT
04/20/1992Counsel for appellant shall advise this court wit hin 30 days from the date of this order as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. (JAC)
04/21/1992APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL
05/21/1992RECEIVED ltr from aplt counsel re ltr dtd 5/8/92
05/27/1992RECEIVED pro se letter from appellant requesting appointment of counsel.
06/02/1992SUPPLEMENTAL RECORD #4 (order j. shuker dtd 3/27/92)
06/15/1992COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
07/10/1992ORDER Appearance of Charles Stow is withdrawn, and Carol Elder Bruce is assigned to represent appellant pro bono; newly-appointed counsel for appellant to advise this court in 15 days as to whether counsel has received all documents pertaining to appeal from Charles Stow. (By Rogers)
07/24/1992COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
07/27/1992RECEIVED - pro se letter of aplt re withdrawal
08/27/1992ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the assignment of Carol Elder Bruce, Esquire, is hereby vacated, and Barbara E. Sosnick, Esquire, is appointed to represent appellant herein. Carol Elder Bruce, 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. (J TERRY)
08/27/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Barbara E. Sosnick, Esq.
10/01/1992SUPPLEMENTAL RECORD #5 (Order of Judge Shuker dated 9/21/92).
10/08/1992APPELLANT'S MOTION FOR STAY of briefing schedule until motion for new trial is resolved.
11/06/1992ORDER GRANTING APPELLANT MOTION FOR STAY and this appeal is hereby stayed pending further order of this court. F/O that counsel for appellant shall file a copy of the motion to vacate conviction with this court within 15 days from the date of this order. F/O that counsel for appellant shall advise this court within 30 days from the date of this order as to the status ofthe pending motion to vacate coniction filed in the trial court. (BY JWR)
12/14/1992ORDER: Counsel for appellant shall, within 15 days from the date of this order, file said statement with this court, accompanied by a motion for leave to file the statement out of time. The motion should set forth good cause for the failure to eithr file the statement or to request an extension of time within which to do so. Failure to comply with this order may result in her appointment being vacated. (BY JWR)
12/29/1992RECEIVED - statement of aplt re 23-110
12/29/1992APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file state late
02/11/1993ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file statement out of time and the lodged statement is filed. (By WHG)
02/11/1993STATEMENT
04/01/1993ORDER: Counsel for appellant shall advise this co urt within 30 days from the date of this order as to the status the pending motion filed in the trial court pursuant to D.C. Code Section 23-110. (By WHG)
05/03/1993STATEMENT from the appellant to the court regarding 23-110.
01/13/1994ORDER: Counsel for appellant_ shall advise this court within 30 days from the date of this order as to the status of the motion filed in the trial court pursuant to D.C. Code sec. 23-110. (By WHN)
01/27/1994STATEMENT of appellant regarding status of 23-110 motion
03/24/1994ORDER appellant to advise court in 30 days as to the status of the 23-110 motion pending in the trial court. (By WHN)
05/09/1994ORDER: Counsel for appellant shall advise this co urt within 30 days from the date of this order as to the status of the pending 23-110 motion in the trial court, accompanied by a motion for leave to file the status out of time. (By WHG)
05/25/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION -for motion for leave to file statement of the 23-110
05/25/1994RECEIVED - aplt's statement regarding 23-110
06/08/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION, and the lodged statement to the court regarding the 23-110 motion is filed. (By: WHN)
06/08/1994STATEMENT to the court regarding the 23-110 motion.
07/26/1994ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the motion filed in the trial court pursuant to D.C. Code 23-110. If the motion is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. US. (By: WHN)
09/19/1994ORDER that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110, accompanied by a motion for leave to file the response out of time. The motion should set forth good cause for the within which to do so. If the motion in the trial court is denied, review of that denial may be sought only by a filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). Failure to comply may result in counsel's appointment being vacated. (BY WHN)
10/26/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to late-file statement to the court.
10/26/1994RECEIVED Appellant's Statement to the Court regarding 23-11.
12/02/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file the lodged statement of appellant. 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 motion filed in the trial court pursuant to D.C. Code 23-110. If the motion is the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By WHG)
12/02/1994STATEMENT - (aplt's statement to this court regarding 23-110)
12/22/1994STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION filed by appellant's counsel.
02/06/1995ORDER that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion in the trial court is denied, review of that denial may be southt only filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (by: NG)
04/25/1995ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: WHN)
05/04/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
05/18/1995ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). F/O that counsel for appellant shall, advise this court within 20days from the date of this order, of the name of the newly assigned trial judge. (BY WHN).
06/24/1996RECEIVED letter from appellant, regarding the status of his appeal.
06/25/1996ORDERED that counsel for appellant shall advise this court, within 15 days from the date of this order, as to the status of the pending mtion filed in the trial court pursuant to D.C. Code Section 23-110. If the motion in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. U.S., 559 A.2d 1321, 1322 (D.C. 1989). Failure to comply with this order may result in counsel's appointment being vacated. (BY: GP).
07/01/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
07/08/1996LETTER referring to counsel the letter received from appellant on June 24, 1996, regarding his appeal. (JAC)
08/21/1996RECEIVED letter from appellant, in reference to the length of time it has taken to hear his appeal
09/05/1996LETTER referring to counsel the letter received from appellant on August 21, 1996. (JAC)
09/30/1996RECEIVED - aplt's pro se petition for relief/request for death penalty (vvd)
09/30/1996RECEIVED - aplt's pro se docketing statement
10/04/1996LETTER referring to counsel the pleadings received from appellant on Sept. 30, 1996, Petition For Relief and Docketing Statement. (JAC)
10/17/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: GP)
12/04/1996RECEIVED appellant's (pro-se) brief
12/04/1996APPELLANT'S DOCKETING STATEMENT (No RT ordered)
12/16/1996LETTER referring to counsel the pro se brief received from appellant on Dec. 4, 1996. (JAC)
12/20/1996ORDER: SS, that the stay entered by this court on November 6, 1992, in appeal no. 87-CF-1226, is hereby vacated. (MORE)
12/20/1996error (vvd)
12/20/1996ORDER, SUA SPONTE, CONSOLIDATING APPEALS that appeals nos. 87-CF-1226 and 96-CO-1757 are consolidated for all purposes herein. FO that Barbara E. Sosnick, Esquire, is appointed to represent appellant in appeal no. 96-CO-1757. FO that counsel for appellant shall, within 15 days from the date of this order, file the docketing statement in appeal no. 96-CO-1757. (By: AMW)
12/20/1996PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
12/30/1996appellant's STATEMENT to the court regarding appeal and motion to stay appeal no. 87 CF 1226
03/13/1997ORDER: Sua sponte, that this court's order of December 20, 1996, is vacated to the extent that the stay of appeal no. 87-CF-1226 is vacated. (MORE)
03/13/1997ORDER GRANTING APPELLANT RENEWED MOTION FOR STAY is granted, and these appeals are hereby stayed pending further order of this court. If the motion in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322 (D.C. 1989). FO that, while the motion is pending in the trial court, counsel for appellant shall advise this court every 3 months, with the first such report due on July 1, 1997, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. (By: AMW)
06/02/1997RECORD ON APPEAL for James H. Neal in 96 CO 1757
08/14/1997ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the docketing statement out of time. The motion should set forth good cause for the failure either to timely file the docketing statement or to request an extension of time within which to do so. Failure to comply with this court shall result in counsel's appointment being vacated. (By: AMW)
09/09/1997Error
09/09/1997PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
09/09/1997ORDER: ss, that the stay entered by this court on March 13, 1997, in appeals nos. 87-CF-1226 and 96-CO-1757 is hereby vacated. FF, ss, that appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327 are consolidated with previously consolidated appeals nos. 87-CF-1226 and 97-CO-1757 for all purposes herein. FO that Barbara E. Sosnick, Esquire, is appointed to represent appellant in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327 herein. FO that counsel for appellant shall, within 10 days from the date of this order, file the docketing statements in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327.
10/08/1997ORDER: Counsel for appellant shall, within 10 days from the date of this order, file the docketing statements in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327, accompanied by a motion for leave to file the docketing statements out of time. The motion should set forth good cause for the failure either to timely file the docketing statements or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (By: GP)
10/20/1997RECORD ON APPEAL - for all cases (97-CO-1325, 97-CO-1326 & 97-CO-1327) ee
12/09/1997ORDER, ss, that 97-CO-1767 is consolidated with previously filed appeals nos. 87-CF-1226, 96-CO-1757, 97-CO-1325, 97-CO-1326 and 97-CO-1327 for all purposes herein. Barbara E. Sosnick, is appointed to represent appellant in appeal no. 97-CO-1767 for all purposes herein. FO that newly-appointed counsel shall, within 10 days from the date of this order file the docketing statement in appeal no. 97-CO-1767. FO that counsel for appellant shall, within 10 days from the this order, file the docketing statement in appeals nos. 97-CO-1325, 97-CO-1326 and 97-co-1327, accompanied by a motion for leave to file the docketing statements out of time. The motion should set forth good cause for the failure either to timely file the docketing statements or to request an extension of time within which to do so. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
12/19/1997RECORD ON APPEAL
01/21/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS no oppo
01/21/1998RECEIVED- aplt's docketing statement for 97 co 1767
01/27/1998ORDER: Grant motion of appellant for leave to file the docketing statement, and the lodged docketing statement is hereby filed in appeal no. 97-CO-1767. FO that counsel for appellant shall, within 10 days from the date of this order, file the docketing statements in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327, accompanied by a motion for leave to file the docketing statements out of time . The motion should set forth good cause for the failure either to timely file the docketing statements or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (By: GP)
01/27/1998APPELLANT'S DOCKETING STATEMENT in appeal no. 97-CO-1767.
02/04/1998LETTER referring to counsel the letter received from appellant re attorney. (JAC)
02/11/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS
02/11/1998RECEIVED - ADS (for appeals nos. 97CO1325, 97CO1326 and 97CO1327) (vvd)
02/19/1998SUPPLEMENTAL RECORD - #6 (62 pgs/Williams) 9/8/97 proc.
02/20/1998ORDER: Grant motion of appellant for leave to file the docketing statement, and the lodged docketing statement in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327 is filed. (By: GP)
02/20/1998APPELLANT'S DOCKETING STATEMENT in appeals nos. 97-CO-1325, 97-CO-1326 & 97-CO-1327.
03/02/1998ORDER: 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. See D.C. App. R. 31. (By: GP)
03/27/1998ORDERED, sua sponte, that appeal no. 98-CO-129 is consolidated with appeals nos. 87-CF-1226, 96-CO1757, 97-CO-1325, 97-CO-1326, 97-CO-1327, 97-CO-1767 for al purposes herein. It is F/O, sua sponte, that this court's order of March 2, 1998, in appeals nos. 87-CF-1226, 96-CO-1757, 97-CO-1325, 97-CO-1326, 97-CO-1327, 97-CO-1767 is hereby vacated. It is F/O that Barbara E. Sosnick, Esquire is hereby appointed in appeal no. 98-CO-129 to represent appellant herein, it is F/O that counsel, shall in appeal no. 98-CO-129, within 10 days from the date of this order, file the docketing statement. (BY: AMW)
04/09/1998ORDERED that counsel for appellant shall, within 15 days from the date of this order, file docketing statement in appeal no. 98-CO-129, accompanied by a motion for leave to file the docketing statement out of time. The motion should set forth good cause for the failure either to timely file the docketing statement or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (BY: GP)
04/20/1998LETTER from aplt pro se seeking appointment of an amicus brief on his behalf.
04/23/1998LETTER referring to counsel the letter received from appellant on April 20, seeking appointment of amicus brief on his behalf. (JAC)
04/27/1998LETTER - from aplt (Neal) asking court to appoint new law firm that has a pro bono clinic) (duplicate of April 20, 1998 letter)
05/05/1998LETTER referring to counsel the letter received from appellant regarding briefing schedule. (JAC)
05/19/1998ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the docketing statement in appeal no. 98-CO-129, accompanied by a motion for leave to file the docketing statement out of time. The motion should set forth good cause for the failure either to timely file the docketing statement or to request an extension of time within which to do so. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
06/26/1998ORDER, SUA SPONTE, CONSOLIDATING APPEAL No. 98-CO-774 with 87-CF-1226, 96-CO-1757, 97-CO-1325, 97-CO-1326 and 97-CO-1327 for all purposes herein. It is FURTHER ORDERED that counsel for appellant in 98-CO-129 shall, within 15 days from the date of this order, file the docketing statement, accompanied by a motion for leave to file the docketing statement out of time. The motion should set forth good cause for the failure either to timely file the docketing statement or to request an extension of time within which t odo so. Failure to comply with this order shall result in counsel's appointment being vacated. It is FUTHER ORDERED that counsel for appellant in 98-CO-774 shall, within 10 days from the date of this order, file the docketing statement. (By: AMW)
06/30/1998RECORD ON APPEAL (98CO129)
07/22/1998LETTER referring to counsel the July 16, 1998, pro se letter from appellant requesting return to the Lorton facility. (JAC)
07/30/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS
07/30/1998RECEIVED - Aplt's docketing statement
07/31/1998RECORD ON APPEAL (98 co 774)
08/05/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS in 98-CO-774
08/05/1998RECEIVED - aplt's docketing statement in 98-CO-774
08/06/1998ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS, and the lodged docketing statements are filed. It is F/O that 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. (BY: GPJ)
08/06/1998APPELLANT'S DOCKETING STATEMENT (98-CO-129)
08/06/1998APPELLANT'S DOCKETING STATEMENT (98-CO-774)
09/15/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Neal) for 30 days no oppo
09/17/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellant shall be filed on or before October 16, 1998. (BY: GPJ)
11/03/1998ORDER: 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. The motion should set 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 with this order may result in counsel's appointment being vacated. (By: GP)
12/01/1998LETTER from aplt requesting new counsel
12/02/1998LETTER referring to counsel for appellant the Dec 1 pro se letter received from appellant. (JAC)
12/07/1998ORDER: 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. The motion should set 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 with this order shallrsllt in counsel's appointment being vacated. (By: AMW) sw
12/22/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 30 days
01/07/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief appellant shall be filed on or before Jan. 22, 1999. (BY: GP) sw
02/04/1999LETTER of appellant forwarded to counsel/response requested 20 days. (JAC)
02/04/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no opop for 30 days
02/25/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellant shall be filed w/in 30 days from the date of this order. No further extensions of time will be granted absent a showing of good cause. Failure to comply with this order may result in counsel's app'mt being vacated. (By: GP) sw
03/04/1999LETTER to counsel for appellant indicating that no response has been received to this court's letter of Feb. 4, 1999, and directing a response within 20 days. (JAC)
03/04/1999LETTER to counsel for appellant indicating that no response has been received to this court's letter of Feb. 4, 1999, and directing a response within 20 days. (JAC)
03/12/1999LETTER from appellant regarding ineffective assistance of counsel.
03/17/1999LETTER referring to counsel for appellant the March 12 pro se letter from appellant. (JAC)
04/06/1999ORDER: 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. The motion should set 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 with this order may result in counsel's appointment being vacated. (By: GP)
04/28/1999Miscellaneous Docket Entry
04/28/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days. (unopposed)
05/17/1999 On consideration of the unopposed motion of appellant for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and the brief of appelllant shall be filed on or before May 21, 1999. No further requests for extensions of time will be granted absent extraordinary circumstances. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
05/24/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo for 30 days
05/28/1999 On consideration of the motion of appellant_ for an extension of time within which to file the brief, and there appearing to be no opposition thereto, it is ORDERED that the motion is granted, and the brief of appelllant shall be filed on or before June 21, 1999. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
06/01/1999RECEIVED letter from appellant regarding status of case.
06/03/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10 days
06/09/1999LETTER to appellant in response to his letter received on June 1, 1999, re status of case. (JAC)
06/28/1999 On consideration of the unopposed motion of appellant for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before July 1, 1999. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall result in consel's appointment being vacated. (By: AMW)
06/29/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
07/13/1999RECEIVED - appellant's brief.
08/04/1999ORDERED that the motion is granted, and the brief of appellant is filed. F/O that Barbara Sosnick, Esquire is hereby appointed to represent appellant in appeal no. 98-CO-774 nunc pro tunc to June 26, 1998. F/O that the brief of appellee shall be filed on or before August 17, 1999. (BY: AMW)
08/04/1999APPELLANT'S BRIEF
08/09/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF 9/30/99
09/03/1999RECEIVED -aplt's oppo to mot for ext of time to file brief. (Oppo was late; due date was 8/23/99) (vvd)
09/20/1999RECEIVED - appellant's pro se motion for leave to late file an opposition to appellee's motion for an extension of time. (vvd)
09/20/1999RECEIVED - aplt's oppo to mot for ext of time to file brief
09/29/1999RECEIVED - aple's brief
09/29/1999APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
10/06/1999LETTER referring to counsel for appellant the Sept. 20 pro se pleadings received from appellant and directing counsel to inform appellant that the court can not accept pleadings from him. (JAC)
10/13/1999ORD GRANT APLE MO FOR LV TO SUPPLEMENT THE RECORD and the Clerk of the Superior Court shall prepare and transmit the item(s) specified in appellee's motion to this court as a supplemental record forthwith. (MORE)
10/13/1999 On consideration of the motion of appellee_ for an extension of time within which to file the brief is granted to the extent that the Clerk shallk file the lodged brief of appellee. FO that these appeals shall be scheduled for consideration before a merits division as soon as the calendar permits. (By: AMW)
10/13/1999APPELLEE'S BRIEF
10/13/1999BRIEFS COMPLETED
10/19/1999SUPPLEMENTAL RECORD - #7 (exhibits w/video tape)
10/27/1999FINAL SCREENING - REGULAR CALENDAR
10/29/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
02/04/2000CALENDAR NOTICE SENT
03/07/2000APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
03/07/2000RECEIVED - aplt's reply brief
03/07/2000APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
03/15/2000FiledACTION - Argued / Submitted
03/15/2000ARGUED (WG,WS,FE) Barbara E. Sosnick, Esq., for appellant. Amul Thapar, Esq., for appellee.
03/20/2000ORDER DENY APLT MO FOR LV TO SUPPLEMENT THE RECORD ( MORE)
03/20/2000ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief is filed. (WAWHFFE)
03/20/2000APPELLANT'S REPLY BRIEF
04/28/2000AFFIRMED MOJ (WG,WS,FE)
05/10/2000APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB no oppo 30 days
05/18/2000ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB within 30 days from the date of this order. (WA)
06/23/2000ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before July 3, 2000. (WA)
07/03/2000APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for leave tp exceed page limit for petition for rehearing en banc no oppo
07/03/2000RECEIVED - aplt's petition for rehearing or suggestion for rehearing en banc
08/31/2000APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for leave of court to file motions
09/14/2000LETTER referring to counsel for appellant the Aug. 31 pro se motion from appellant. (JAC)
09/26/2000APLT'S PETITION FOR REHEARING/REHEARING EN BANC
09/26/2000ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC and grant appellant's motion to exceed page limit for petition and the Clerk is directed to file the lodged petition. (EB)
10/04/2000MANDATE ISSUED
11/27/2000APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to appt new counsel and to extend the mandate.
11/28/2000On consideration of appellant's motion to appoint new counsel and to extend the mandate to file a petition for writ of certiorari in the Supreme Court of the United States, and it appearing that the mandate was issued on October 4, 2000, it is ORDERED that the moiton is granted to the extent that Brian C. Plitt, Esquire, is hereby appointed to file such motion or petition for which there may be reasonable grounds. (AMW)
11/28/2000APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Brian C. Plitt, Esquire
01/05/2001NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
02/02/2001NOTICE RECEIVED - from aplt's attorney filing of petition for certiorari