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United States Court Cases

District Of Columbia Court Of Appeals Record

EVERETT E. JENNINGS V. UNITED STATES

Case Information: 03-CF-0032
Short Caption:EVERETT E. JENNINGS V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Lead:03-CF-0032Consolidated: 06-CO-0112
Superior Court or Agency Case Number:FEL4515-00Filed Date:12/30/2002

Opening Event Date:12/30/2002Case Status:Closed
Record Completed:06/25/2004Post-Decision Matter Pending:
Briefs Completed:09/05/2006
Argued/Submitted:02/22/2007
Disposition:Next Scheduled Action:
Mandate Issued:04/05/2007
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEverette E. Jennings Y
Francis T. LaceyYN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
George Hazel YN

Events
Event DateStatusDescriptionResult
12/30/2002NOTICE OF APPEAL
01/28/2003APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Francis T. Lacey, Esquire
02/13/2003RECORD ON APPEAL
02/21/2003APPELLANT'S MOTION FOR LEAVE TO FILE DS no oppo
02/21/2003RECEIVED - aplt's docketing statement
03/10/2003 On consideration of the motion of appellant for leave to file the lodged docketing statement, and no opposition having been filed, it is ORDERED that the motion of appellant is granted, and the lodged docketing statement is filed. (GP)
03/10/2003APPELLANT'S DOCKETING STATEMENT
09/11/2003SUPPLEMENTAL RECORD #1 (115 pgs. -- Pirfo) (11/7/01 proc.) (Excerpt Testimony only)
09/11/2003SUPPLEMENTAL RECORD #2 (224 pgs. -- Franklin) (11/6/02 proc.)
09/11/2003SUPPLEMENTAL RECORD #3 (100 pgs. -- Pirfo) (11/8/02 proc.) (Excerpt Testimony only)
09/11/2003SUPPLEMENTAL RECORD #4 (47 pgs. -- Pirfo) (11/5/02 proc.)
09/11/2003SUPPLEMENTAL RECORD #5 (662 pgs. -- Peterson- Hart) (11/18-22/02 proc.)
09/11/2003RECORD COMPLETED
09/17/2003 It appearing that the complete record on appeal has been filed with this court, it is ORDERED 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. See D.C. App. R. 31. (GP)
10/14/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 60 days after rec of rt's. no oppo
10/23/2003 On consideration of the motion of appellant_ for an extension of time within which to file the brief, wherein appellant_ indicate(s) that transcript is being prepared, it is ORDERED that the motion is granted to the extent that the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days thereof of appellant's_ receipt of the ordered transcript. (GP)
11/04/2003SUPPLEMENTAL RECORD #6 (117-pgs/pavlish 11/15/02 proc.)
11/21/2003SUPPLEMENTAL RECORD # 7 (12 pgs--Salazar) 11/12/02 proc.
12/12/2003SUPPLEMENTAL RECORD #8 (266 pgs. -- Pirfo) (11/7-8/02 proc.)
12/30/2003SUPPLEMENTAL RECORD #9 (Rpt.Trans.-12/16/02 Proc.-54 Pgs.-Tape)
12/30/2003SUPPLEMENTAL RECORD #10 (102 pgs. -- Pirfo) (11/5/02 proc.)
01/07/2004SUPPLEMENTAL RECORD #11 (280 pages/Merchant) 11/13/02 proceeding
03/16/2004SUPPLEMENTAL RECORD - #12 (225 pgs/Franklin) 11/6/02 proc.
05/05/2004SUPPLEMENTAL RECORD# 13 (142 pgs - Simon) 11/25/02 proceedings.
05/05/2004SUPPLEMENTAL RECORD# 14 (39 pages/Simon) 12/4/02 proceedings.
06/25/2004SUPPLEMENTAL RECORD - #15 (230 pgs/Salazar) 11/14-15/02 proc.
06/25/2004SUPPLEMENTAL RECORD - #16 (106 pgs/Salazar) 11/12/02 proc.
06/25/2004RECORD COMPLETED
07/01/2004 On consideration of this court's order of October 23, 2003, granting appellant's motion for an extension of time to file the brief within 40 days from the date the outstanding transcript is filed with this court, and it appearing that the transcript has been filed with this court, it is ORDERED that the brief of appellant shall be filed with this court 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. (GP)
07/30/2004APPELLANT'S MOTION FOR STAY pending 23-110 23-110 mot attached no oppo
08/17/2004ORDER: Grant appellant's motion to stay and this appeal is 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 December 1, 2004, and subsequent reports due on the first business day of March, June and September as to the status of the proceedings in that court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. (By: AMW)
08/17/2004CASE STAYED
12/10/2004 It appearing that a status statement of the motion pending in the trial court was due to be filed on or before December 1, 2004, and has not been filed, it is ORDERED that counsel for appellant shall within 15 days from the date of this order submit the status statement, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the status statement or to request an extensiion of time within which to do so. Failure to comply with this order may result in the vacating of the order which stayed this appeal and the issuance of a briefing order. (GP)
01/03/2005APLT'S MOTION TO LATE FILE STATUS STATEMENT no oppo
01/03/2005RECEIVED - aplt's status report
01/05/2005 On consideration of appellant's motion for leave to late file the lodged status statement, to which no opposition has been filed, it is ORDERED that the motion is granted, and the lodged status statement is filed. It is FURTHER ORDERED that while the motion remains pending in the trial court, counsel for appellan t(s) shall advise this court every three months, with the next report due on March 1, 2005_, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (GP)
01/05/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/21/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)
05/02/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) dwm
08/01/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)
11/01/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)dwm
11/14/2005ORDERED that appellant shall show cause within 20 days from the date of this order, why the stay should not be vacated in light of the policy announced in administrative order M225-05.
11/28/2005APPELLANT'S ANSWER/RESPONSE to order to show cause.
12/06/2005ORDERED, sua sponte, that the stay entered by this court on August 17, 2004, is hereby vacated. F/O that appellant shall file the brief within 60 days from the date of this order unless by such time the trial court has ruled on the pending motion and the matter is otherwise resolved and a new appeal is noted. (ETW)
12/06/2005PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
01/27/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until April 1, 2006 (no oppo)
02/28/2006error
02/28/2006ORDERED, sua sponte, that appeals nos. 03-CF-32 and 06-CO-112 are consolidated for all purposes. F/O that Francis T. Lacey, Esquire, is hereby appointed to represent appellant in appeal no. 06-CO-112 herein. F/O that the Clerk of the Superior Court shall prepare and transmit the record index and record copies in appeal no. 06-CO-112 to this court forthwith. F/O that appellant's motion is granted and appellant's consolidated brief shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter.
02/28/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Francis T. Lacey, Esquire
03/15/2006RECORD COPIES in 06-CO-112.
03/15/2006RECORD INDEX in 06-CO-112.
04/10/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/31/06. no oppo
04/13/2006 On consideration of appellant's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant's brief shall be filed on or before May 31, 2006. (GP)
05/31/2006APPELLANT'S BRIEF
07/05/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until 8/4/06 (no oppo)
07/12/2006 On consideration of appellee's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before August 4, 2006. (GP)
08/07/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until September 4, 2006 (no oppo)
08/11/2006 On consideration of appellee's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before September 4, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
09/05/2006APPELLEE'S BRIEF
09/05/2006BRIEFS COMPLETED
10/25/2006FINAL SCREENING - REGULAR CALENDAR
11/21/2006 It appearing that this appeal is likely to be calendared for argument during the months of February 2007 through March 2007, it is ORDERED that counsel shall advise this court in writing by December 11, 2006, of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
11/21/2006 It appearing that this appeal is likely to be calendared for argument during the months of February 2007 through March 2007, it is ORDERED that counsel shall advise this court in writing by December 11, 2006, of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
12/01/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/05/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/13/2006SUPPLEMENTAL RECORD - #17 (docket entries)
12/21/2006CALENDAR NOTICE SENT
02/22/2007FiledACTION - Argued / Submitted
02/22/2007ARGUED before Judges Blackburne-Rigsby, Thompson, Kern Francis T. Lacey, Esq. for appellant George Hazel, Esq. for appellee
03/14/2007FiledAFFIRMED MOJ (Blackburne-Rigsby, Thompson, Kern)
04/05/2007MANDATE ISSUED