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United States Court Cases

District Of Columbia Court Of Appeals Record

RUSSELL H. SYKES, JR. V. UNITED STATES

Case Information: 90-CF-0489
Short Caption:RUSSELL H. SYKES, JR. V. UNITED STATESClassification:Appeals - Criminal Felony - Other Felony
Lead: 90-CF-0319 Consolidated:90-CF-0489, 93-CO-0609
Superior Court or Agency Case Number:F12407-88Filed Date:03/15/1990

Opening Event Date:03/15/1990Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:11/19/1993
Argued/Submitted:03/15/1994
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRussell H. Sykes, Jr.N
Howard F. Bramson NN
AppelleeUnited StatesN
Laura A. Cordero YN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
01/01/1901SYKES JR., RUSSELL H. UNITED STATES
01/01/1902STATUS OF MOTION FOR NEW TRIAL
01/01/1903NOTE - 02 12/16/91 ORD: GRNTD APLT'S MO NOTE - 02 IN 90-319 FOR LV TO FILE BRF, NOTE - 03 THE LODGED BRF IS FILED, F/O NOTE - 03 THESE APPEALS ARE STAYED PNDG NOTE - 04 DECISION OF 23-110 MOTION IN NOTE - 04 90-319, APLT IN 90-319 SHALL NOTE - 05 W/IN 30 DAYS FILE A STATE RE NOTE - 05 STATUS OF 23-110, THIS CT'S NOTE - 06 12/4/91 ORD IS HEREBY VACATED. NOTE - 06 NOTE - 07 CONS. 90-319 NOTE - 07
03/15/1990NOTICE OF APPEAL
04/27/1990APPOINTING COUNSEL/CO REFERRAL (CJA) JOHN C. KROLLMAN, ESQ. PANEL SCDATE 000000 SCHPRD
05/30/1990APPELLANT'S MOTION FOR LEAVE TO FILE DS AD FVH PANEL SCDATE 050790 SCHPRD DSA
05/30/1990RECEIVED APPELLANT'S DOCKETING STATE AD PANEL SCDATE 000000 SCHPRD
06/18/1990RECORD ON APPEAL PF PANEL SCDATE 061290 SCHPRD R
06/20/1990APPELLANT'S DOCKETING STATEMENT FVH PANEL SCDATE 000000 SCHPRD
07/24/1991ORDER BA DUE IN 40, BE DUE 30 DAYS AFTER. NFX. AD PANELRBH SCDATE 071991 SCHPRD U
09/17/1991ORDER APLT TO FL BRF W/IN 10 DAYS OR VACATE CJA APPT. AD PANELRO SCDATE 090691 SCHPRD K
09/27/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 10 DAYS PMB PANEL SCDATE 092791 SCHPRD BA
10/07/1991RECEIVED APLT'S BRIEF AJ PANEL SCDATE 000000 SCHPRD
10/18/1991APPELLANT'S BRIEF AD PANEL SCDATE 000000 SCHPRD
10/18/1991ORDER GR MO OF APLT EXT TM FL BRF, LODGED BRF FILED. BE DUE 30 AFTER BA FLD IN 90-319. AD PANELRO SCDATE 000000 SCHPRD
10/25/1991ORDER APPEAL 90-377 SEVERED FROM THIS & 90-319 FOR ALL PURPOSES MEH PANELRO SCDATE 000000 SCHPRD
11/01/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF FOR 10 DAYS. AJ PANEL SCDATE 000000 SCHPRD
11/04/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF IN 90-319 PANEL SCDATE 110491 SCHPRD BA
11/14/1991RECEIVED APLT BRF IN 90-319 PANEL SCDATE 000000 SCHPRD
11/18/1991APPELLANT'S MOTION FOR STAY RJG PANEL SCDATE 000000 SCHPRD
12/04/1991ORDER SEE 90-319. PANEL SCDATE 000000 SCHPRD
12/16/1991APPELLANT'S BRIEF IN 90-319 JB PANEL SCDATE 000000 SCHPRD
12/16/1991ORDER (SEE NOTES 2 THRU 6) JB PANELRO SCDATE 010392 SCHPRD ANSA
12/16/1991CASE STAYED
12/23/1991APPELLANT'S ANSWER/RESPONSE SEE 90-319. PMB PANEL SCDATE 000000 SCHPRD
01/29/1992ORDER SEE 90-319. AC PANEL SCDATE 000000 SCHPRD
02/11/1992STATEMENT OF APPELLANT RE STATUS OF MOTION FILED IN TRIAL COURT.AJ PANEL SCDATE 022892 SCHPRD STATE
04/30/1992ORDER Counsel for appellant shall advise this court within 30 days from the date of this order as to the status of the pending motion for new trial filed in the trial court.
05/05/1992STATEMENT (status) REPORT
06/11/1992ORDER Counsel for appellant shall advise court within 30 days as to the status of the pending motion for new trial filed in the trial court.
06/15/1992STATEMENT of appellant re status of motion for new trial.
07/21/1992ORDER 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.
07/31/1992STATEMENT RE: 23-110 motion
09/04/1992ORDER Appellant to advise court in 30 as to status of pending 23-110.
09/09/1992STATEMENT of aplt status report reponse to September 4, 1992order
10/16/1992ORDER Counsel for appellant shall advise this court withn 30 as to the status of the pending motion for new trial filed in the trial court.
11/30/1992ORDER Counsel of aplt shall advise this court within 15 as to the status of the pending motion for new trial filed in the trial court. Failure to comply may result in the stay entered on December 4, 1991, being vacated and the issuance of a briefing order. (WHN)
12/08/1992SUPPLEMENTAL RECORD #3 (order Judge Ryan filed Nov. 23, 1992)
12/10/1992STATEMENT in re to the court's order of 10/16/92 and 11/30/92. (of appellant)
02/18/1993ORDER Counsel for appellant shall advise this court within 15 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. (By WHN)
04/29/1993ORDER appellant in appeal no. 90-CF-319 shall advise this court within 15 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.(By WN)
05/04/1993STATEMENT of aplt re status of 23-110 motion
05/04/1993STATEMENT of aplt re trial court denial of 23-110 motion
06/16/1993PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
06/16/1993ORDER, SUA SPONTE, CONSOLIDATING APPEALS and no. 93-CO-609 is consolidated with previously consolidated appeal nos. 90-CF-319 and 90-CF-489 for all purposes. F/O Lawrence M. Baskir, Esquire, is appointed to represent appellant Herbert Gibson in no. 93-CO-609. F/O that appellant in no. 93-CO-609 shall file the docketing statement within 15 days from the date of this order. (By RO)
06/22/1993APPELLANT'S DOCKETING STATEMENT in 93CO609
07/15/1993RECORD ON APPEAL
10/07/1993APPELLANT'S MOTION TO CONSOLIDATE appeal numbers 90 CF 319 with 93 CO 609 and to request to docket brief.
10/07/1993APPELLANT'S MOTION TO CONSOLIDATE appeal numbers 90 CF 319 with 93 CO 609 and request to docket brief.
10/07/1993RECEIVED - APPELLANT'S BRIEF
10/28/1993ORDER DENYING APPELLANT'S MOTION TO CONSOLIDATE
10/28/1993ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEFand the lodged brief of appellant is filed. F/O that the brief of appellee shall be filed on or before November 9, 1993. Any request for extension of time will be looked upon with disfavor.
10/28/1993APPELLANT'S BRIEF - filed
11/09/1993APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until 11/19/93.
11/19/1993RECEIVED appellee's brief.
11/19/1993BRIEFS COMPLETED
12/01/1993ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEFand the lodged brief is filed. F/O that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (by: WHN)
12/01/1993APPELLEE'S BRIEF
12/13/1993FINAL SCREENING - REGULAR CALENDAR
12/15/1993COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
01/25/1994ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONand the appointment of Lawrence M. Baskir, Esquire, is hereby vacated and Peter Meyers, Esquire, is appointed to represent appellant herein. Lawrence M. Baskir, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (By RO)
02/04/1994CHANGE OF ADDRESS RECEIVED by appellant's attorney Peter H. Meyers. Peter H. Meyers 4415 Fessenden Street, N.W. Washington, D.C. 20016
03/08/1994Appelllant's supplemental MEMORANDUM concerning recent decision.
03/10/1994Trans to division correspondence filed on 3/8/94 by counsel for appellant as a 28 (k), but treated as a supplemental memorandum
03/15/1994FiledACTION - Argued / Submitted
03/15/1994ARGUED (FE,ST,SU) John C. Krollman, esquire, for appellant. Peter Myers, Esquire, for appellant. Laura A. Cordero, Esquire, for appellee.
10/27/1994COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
11/10/1994REVERSED AND REMANDED Opinion
11/23/1994APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until 12/12/94.
12/13/1994APLT MOTION FOR LEAVE TO FILE PET FOR REH/REH EB
12/13/1994RECEIVED appellee's petition for rehearing, or in the alternative, rehearing en banc.
12/22/1994ORDER grant the motion of counsel for aplt in no. 90-CF-489 to withdraw and the appointment of John C. Krollman, Esq., is hereby vacated and Howard F. Bramson, Esq., is hereby appointed as counsel to represent aplt in no. 90-CF-489. John Krollman, Esq., shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. Further Ordered that aple's motion to extend time to file pet for reh/reh en banc is granted and the Clerk is directed to file the lodged petition. (WA)
12/22/1994APLE'S PETITION FOR REHEARING/REHEARING EN BANC
12/22/1994APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Howard F. Bramson, Esq.
01/17/1995ORDER directing appellants within 20 days from the date of this order to file response (10 copies) to pet for reh/reh en banc. (WA)
01/27/1995APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITIONto petition for rehearing or rehearing en banc for 20 days.
01/30/1995APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto the government's motion for a rehearing en banc. (of appellant in no. 90-CF-489)
02/01/1995ORD GRT APLT MO TO EXTEND TIME TO FILE OPPOSITION to aple's pet for reh/reh en banc on or before February 28, 1995. (WA) (for appellant in nos. 90-CF-319 and 93-CO-609)
02/03/1995ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE (of appellant in no. 90-CF-489) to pet for reh/reh en banc on or before February 23, 1995. (WA)
02/21/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to adopt and join the response of the co-appellant in his opposition to the government's petition for a rehearing or a rehearing en banc in this appeal.
02/22/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/28/1995APPELLANT'S OPPOSITION to petition for rehaering, or in alternative rehearing en banc.
03/10/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to adopt and join the response of the co-aplt in his oppo to the aple's pet for reh/reh en banc
06/30/1995CERTIFICATE PER RULE 28
01/19/1996CERTIFICATE PER RULE 28
10/03/1996ORDER On consideration of the pending petition of appellee for rehearing in these appeals and of this court's en banc opinion in Lyons & Cooper v. United States, slip op., October 3, 1996, it is Ordered that the parties shall, within 20 days from the date of this order, submit supplements to the petition and the answers thereto, addressing the effect of Lyons & Cooper upon the issues presented in the instant appeals. (Former Associate Judge Sullivan was a member of the division that decided this case. After his departure from the court, Senior Judge Gallagher was selected by lot to replace him.) (FE,ST,GA)
10/22/1996APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
10/23/1996APPELLANT'S OPPOSITION - to petiton for rehearing or inthe alternative, for rehearing en banc (supplemental)
10/23/1996APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
11/12/1996CHANGE OF ADDRESS RECEIVED by appellant's counsel Peter H. Meyers 2000 G Street, NW Suite 200 Washington, DC 20052