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United States Court Cases

District Of Columbia Court Of Appeals Record

WILLIAM JOHNSON V. UNITED STATES

Case Information: 91-CF-0005
Short Caption:WILLIAM JOHNSON V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:F10342-90Filed Date:01/31/1991

Opening Event Date:01/31/1991Case Status:Closed
Record Completed:08/01/1991Post-Decision Matter Pending:
Briefs Completed:03/25/1992
Argued/Submitted:09/27/1995
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantWilliam Johnson N
M. Elizabeth Kent YN
AppelleeUnited StatesN
John R. Fisher NN
Thomas J. Tourish, Jr.YN

Events
Event DateStatusDescriptionResult
01/01/1901JOHNSON, WILLIAM UNITED STATES
01/01/1902TO MXBE FILED 3/10/92 & 2/25 MXBE
01/14/1991APPOINTING COUNSEL/CO REFERRAL (CJA) M. ELIZABETH KENT, ESQ. PANEL SCDATE 000000 SCHPRD
01/24/1991APPELLANT'S DOCKETING STATEMENT AJ PANEL SCDATE 012491 SCHPRD DSA
01/31/1991NOTICE OF APPEAL
02/22/1991RECORD ON APPEAL (244 PGS SIMMS) PMB PANEL SCDATE 030491 SCHPRD R
03/14/1991SUPPLEMENTAL RECORD #1 (155-PGS/RONAN) AJ PANEL SCDATE 032591 SCHPRD RT
04/01/1991SUPPLEMENTAL RECORD #1 (550 PGS. -- FRANKLIN) RJG PANEL SCDATE 032491 SCHPRD RT
04/01/1991SUPPLEMENTAL RECORD #2 (51 PGS/FRANKLIN) PANEL SCDATE 000000 SCHPRD
04/05/1991SUPPLEMENTAL RECORD #3(154 PGS/HUNT) AD PANEL SCDATE 032791 SCHPRD RT
05/14/1991SUPPLEMENTAL RECORD #4 (32 PGS. -- TAPE; 32 PGS.-- TAPE; 42 PGS. -- TAPE) RJG PANEL SCDATE 052791 SCHPRD RT
06/13/1991SUPPLEMENTAL RECORD #5 (10 PGS. -- MITCHELL) PR PANEL SCDATE 052591 SCHPRD RT
08/01/1991SUPPLEMENTAL RECORD #6 (110-PGS/SIMMS) AJ PANEL SCDATE 000000 SCHPRD
08/01/1991RECORD COMPLETED
09/27/1991ORDER APLT BRF DUE IN 40 AND BRF OF APLE DUE 30 DAYS THEREAFTER.AD PANELRBH SCDATE 091391 SCHPRD U
11/06/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 30 DAYS - NO OPPO PMB PANEL SCDATE 110691 SCHPRD BA
12/02/1991ORDER APLT MO X TM FL BRF TO 12/6/91 GRNTD. NFX GR PANELRBH SCDATE 111991 SCHPRD GR
12/06/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 1/5/92 - NO OPPO PMB PANEL SCDATE 120691 SCHPRD BA
12/13/1991ORDER GR MO OF APLT EXT TM FL BRF TO 1/5/92. AC PANELRBH SCDATE 121191 SCHPRD K
01/06/1992APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 1/13/92 AJ PANEL SCDATE 010592 SCHPRD BA
01/09/1992ORDER GR MO OF APLT EXT TM FL BRF TO 1/17/92. AC PANELRBH SCDATE 010792 SCHPRD TO
01/21/1992APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF & TO EXCEED PAGE LIMITS PMB PANEL SCDATE 011792 SCHPRD BA
01/21/1992RECEIVED APLT BRIEF PMB PANEL SCDATE 000000 SCHPRD
01/30/1992ORDER APLT MO LV FL LODGED BRF & EXCEED PAGE LIMITS GRNTD. F/O APLE BRF DUE 2/25/92. PANELFE SCDATE 012292 SCHPRD GR
02/25/1992APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF TO 3/10/92 AJ PANEL SCDATE 022592 SCHPRD BE
03/10/1992APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF TO 1 DAY PMB PANEL SCDATE 000000 SCHPRD
03/11/1992RECEIVED APLE BRIEF PMB PANEL SCDATE 000000 SCHPRD
03/25/1992ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the lodged brief of appellant is hereby filed. This appeal shall be scheduled for consideration before a merits division as soon as the calendar permits.
03/25/1992APPELLEE'S BRIEF
03/25/1992BRIEFS COMPLETED
03/26/1992APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF
04/16/1992ORDER DENY APLT MO TO EXT TIME TO FILE REPLY BRIEF
04/20/1992RECEIVED appelant's reply brief
04/20/1992APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF
05/13/1992ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEFand lodged reply brief of appellant is filed.
05/13/1992APPELLANT'S REPLY BRIEF
12/22/1992FINAL SCREENING - REGULAR CALENDAR
01/13/1993LETTER of aplt re status of the case
03/04/1993CERTIFICATE PER RULE 28
03/08/1993MEMORANDUM - Transmitting to division correspondence received from counsel for appellant pursuant to Rule 28 (k)
03/09/1993ARGUED RO FE SU M. Elizabeth Kent, Esq. for appellant; Caroline Carey, Esq. for appellee.
11/10/1994REVERSED AND REMANDED OPinion
11/22/1994APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until 12/15/94.
12/05/1994ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB on or before December 15, 1994. (WA)
12/15/1994APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until 12/19/94.
12/19/1994RECEIVED Appellee's petition for rehearing or, in the alternative, rehearing en banc.
12/22/1994ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB and the Clerk is directed to file the lodged petition. (WA)
12/22/1994APLE'S PETITION FOR REHEARING/REHEARING EN BANC
01/17/1995ORDER directing appellant within 20 days from the date of this order to file response (10 copies) to pet for reh/reh en banc. (WA)
02/07/1995APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 2/20/95 (no oppo)
02/15/1995ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before February 20, 1995. (WA)
02/21/1995APPELLANT'S OPPOSITION to government's petition for rehearing or rehearing en banc.
05/24/1995ORDER GRANTING APLT PETITION FOR REH/REH EN BANC and the opinion and judgment of November 10, 1994, are hereby vacated. Further Ordered that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. Counsel are directed to provide 10 copies of the briefs hereto filed on or before 6/5/95. (EB)(658 a.2d 1035) (Former Judge Sullivan was a member of the division that decided this case. After his departure from the court, Judge Farrell was selected by lot to consider this petition.)
05/30/1995RECEIVED Appellant's Reply Brief.
05/30/1995RECEIVED Appellant's Brief.
05/30/1995CERTIFICATE PER RULE 28
06/02/1995RECEIVED - copies of aple's brief
09/13/1995CERTIFICATE PER RULE 28
09/21/1995APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to limit oral argument
09/22/1995APPELLANT'S ANSWER/RESPONSE to motion to limit oral argument.
09/22/1995CERTIFICATE PER RULE 28
09/26/1995ORDER deny appellee's motion to limit oral argument (EB)
09/27/1995FiledACTION - Argued / Submitted
09/27/1995ARGUED (WG,FE,TE,ST,SC,FA,KG,RU,RD,BE) M. Elizabeth Kent, Esquire, for appellant. Thomas J. Tourish, Esquire, for appellee.
10/11/1995APLE MOTION FOR LV TO FILE SUPPLEMENTAL BRIEF/MEMO
10/11/1995RECEIVED Supplemental memorandum of appellee.
10/23/1995ORD GRT APLE MO FOR LV TO FL SUPPLEMENTAL BRF/MEMO and the Clerk is directed to file the lodged supplemental memorandum of appellee. It is Further Ordered that appellant may file a responsive supplemental memorandum within 20 days from the date of this order. (EB)
11/13/1995APPELLANT'S ANSWER/RESPONSE to supplemental memorandum of appellee on Brady issue
01/18/1996CERTIFICATE PER RULE 28
04/02/1996CERTIFICATE PER RULE 28
10/17/1996AFFIRMED (WA,FE,TE,ST,SC,FA,KG,RZ,RD,BE) Opinion
10/21/1996APPELLANT'S MOTION FOR STAY - issuance of mandate no oppo
11/01/1996LETTER from aple re omission of Daniel Friedman, ASUA on the opinion
11/04/1996ORDER On consideration of appellant's motion to stay issuance of the mandate, it is Ordered that the motion is granted and the Clerk is directed to stay the issuance of the mandate in this appeal until December 6, 1996. (EB)
12/06/1996AMICUS CURIAE'S BRIEF
12/06/1996LETTER - from aplt's attorney consenting to Amicus Curiae Brief
12/06/1996LETTER - from public defender service consenting to Amicus Curiae Brief
12/06/1996APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to extend stay of mandate. (no oppo)
12/06/1996APLT'S PETITION FOR FURTHER REHEARING/REHEARING EN BANC AND AMENDMENT OF OPINION AND JUDGMENT.
12/23/1996ORDER that appellee within 20 days from the date of this order shall file a response to pet for further reh en banc (10 copies). (WA)
01/10/1997RECEIVED - ltr from U.S. Supreme Court re: application for ext. of time to file pet. for writ of cert.
01/13/1997APPELLEE MOTION TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc
01/21/1997APPELLEE'S OPPOSITION - to aplt's petition for further rehearing en banc and amendment of opinion and judgement
01/21/1997ORD GRT APLE MO TO EXTEND TIME TO FILE OPPOSITION and the Clerk is directed to file the lodged opposition to petition for further rehearing en banc. (WA)
01/27/1997CERTIFICATE PER RULE 28
02/20/1997COPY OF PETITION FOR WRIT OF CERTIORARI
02/24/1997NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
03/26/1997NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
03/31/1997ORDER On consideration of aplt's petition for further rehearing en banc and amendment of opinion and judgment, the opposition thereto, aplt's motion to extend stay of mandate, the stmt of PDS as amicus curiae in support of petition, the consent of aplt and aple to the filing of the stmt of amicus curiae, and the letter from counsel for aplt pursuant to Rule 28(k), it is Ordered that the motion to extend stay of mandate is granted and the mandate is stayed in accordance with D.C. App. R. 41(b); and it aprg that the majority of the judges of this court has voted to deny the pet. for further rehearing en banc, it is Further Ordered that the petition is denied. (EB) (Judge Ferren would grant the petition.)