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United States Court Cases

District Of Columbia Court Of Appeals Record

ERIC R. GARDNER V. UNITED STATES

Case Information: 11-CF-0557
Short Caption:ERIC R. GARDNER V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:11-CF-0557Consolidated: 14-CO-0832
Superior Court or Agency Case Number:FEL7761-04Filed Date:04/29/2011

Opening Event Date:04/29/2011Case Status:Decided/Dismissed
Record Completed:07/25/2011Post-Decision Matter Pending:
Briefs Completed:07/24/2015
Argued/Submitted:01/21/2016
Disposition:Next Scheduled Action:
Mandate Issued:09/07/2016
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEric R. Gardner Y
Benjamin BrooksYY
AppelleeUnited StatesN
Elizabeth TrosmanNY
Nicholas P. ColemanYY

Events
Event DateStatusDescriptionResult
04/29/2011NOTICE OF APPEAL
05/16/2011 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that James W. Klein, Esquire, is hereby appointed to represent appellant in this appeal. It is FURTHER ORDERED that counsel for appellant shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to the appeal have been ordered and shall, within 30 days from the date of this order complete and file with this court a single copy of the statement regarding transcript available for completion online. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal. (JAC)
06/06/2011STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii)
07/07/2011SUPPLEMENTAL RECORD - #1 (152 pgs/Coney) 3/28/11 proc.
07/07/2011SUPPLEMENTAL RECORD - #2 (232 pgs/Coney) 3/29/11 proc.
07/07/2011SUPPLEMENTAL RECORD - #3 (205 pgs/Coney) 3/30/11 proc.
07/07/2011SUPPLEMENTAL RECORD - #4 (113 pgs/Coney) 3/31/11 proc.
07/07/2011SUPPLEMENTAL RECORD - #5 (95 pgs/Etekochay) 3/31/11 proc.
07/07/2011SUPPLEMENTAL RECORD - #6 (132 pgs/Coney) 4/1/11 proc.
07/07/2011SUPPLEMENTAL RECORD - #7 (186 pgs/Wycoff) 4/4/11 proc.
07/07/2011SUPPLEMENTAL RECORD - #8 (32 pgs/Wycoff) 4/5/11 proc. w/cd
07/21/2011FiledSupplemental Record specify - #9 (30 pgs/Rogers) 2/18/11 proc.
07/25/2011FiledRecord Completed
07/25/2011FiledSupplemental Record specify - #10 (SEALED pleadings)
07/25/2011FiledRecord Copies
07/25/2011FiledRecord Index
08/31/2011FiledBriefing Order
10/11/2011FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)
11/03/2011FiledGRANT - Order Granting Appellant's motion for an extension of time within which to file the brief to 1/9/12
12/29/2011FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
01/09/2012FiledGRANT - Order Granting Appellant's motion for an extension of time within which to file the brief and limited appendix to 4/9/12.
04/02/2012FiledCounsel's Motion To Withdraw (Appellant)Granted
04/10/2012FiledOrder Granting Counsel's Motion To Withdraw (Appellant)
04/10/2012FiledAppointing Counsel/CJA Benjamin Brooks, Esquire (Appellant)
04/23/2012FiledSupplemental Record specify - #11 (6 pgs/Etekochay) 3/31/11 proc. w/cd
06/06/2012FiledMotion For Extension Of Time to File brief and appendix (Appellant)Granted
06/08/2012FiledGRANT - Order Granting Motion For Extension Of Time to File brief and appendix (Appellant) to 9/7/12.
09/07/2012FiledMotion For Extension Of Time to File Appendix, Brief for 90 days (Appellant)Granted
09/11/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief for 90 days (Appellant) to 12/7/12
12/07/2012FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
12/27/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief (Appellant) to 4/7/13.
04/08/2013FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
04/29/2013FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief (Appellant) to 5/10/13
05/10/2013FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Denied as Moot
06/10/2013FiledMotion For Extension Of Time to File Appendix, Brief until July 10, 2013 (Appellant)Denied as Moot
07/11/2013FiledMotion To Stay Appeal (Appellant)Denied
07/30/2013FiledNotice Received filing of DC Code 23-110 motion in superior court and renewed motion to stay appeal (Appellant)
08/16/2013FiledDenied as moot Motions For Extension Of Time to File Appendix, Brief (appellant), and the motion for stay is hereby held in abeyance for 90 days.
11/25/2013FiledStatus Report regarding pending 23-110 and renewed motion to stay appeal. (Appellant)
02/04/2014FiledOrder Denying Motion To Stay Appeal (Appellant) and appellant's brief and limited appendix due w/n 40 days.
03/20/2014FiledMotion To Stay Appeal or in the alternative for an enlargement of time within which to file his opening brief (Appellant)Granted
04/08/2014FiledGRANT - Order Granting Motion To Stay Appeal or in the alternative for an enlargement of time within which to file his opening brief (Appellant) to the extent that appellant's brief and limited appendix be filed on or before 5/17/14.
05/20/2014FiledMotion To Stay Appeal or in the alternative for an enlargement of time within which to file his opening brief (Appellant)Denied as Moot
05/28/2014FiledOrder directing counsel for appellant to advise this court as to the status of D.C. Code 23-110 motion pending in the trial court, w/n 60 days of the order.
07/29/2014FiledStatus Report regarding 23-110 motion and renewed motion to stay appeal (Appellant)
08/11/2014FiledOrder Sua Sponte Consolidating Appeals nos. 11-cf-557 & 14-co-832
08/11/2014FiledOrder Denying as moot Motion To Stay Appeal or in the alternative for an enlargement of time within which to file his opening brief (Appellant).
08/20/2014FiledRecord Copies (14-CO-832)
08/20/2014FiledRecord Index (14-CO-832)
01/06/2015FiledBriefing Order
02/19/2015FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
03/04/2015FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief (Appellant) to 4/2/15
04/03/2015FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
04/10/2015FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief (Appellant) to 5/2/15
05/06/2015FiledMotion For Leave to File Appendix, Brief (Appellant)Granted
05/08/2015FiledOrder Granting Motion For Leave to File Appendix, Brief (Appellant)
05/08/2015FiledBrief (Appellant)
05/08/2015FiledAppendix (Appellant)
05/29/2015FiledMotion For Extension Of Time to File Brief (Appellee)Granted
06/04/2015FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Appellee) to 7/24/15
07/24/2015FiledMotion To Supplement The Record (Appellee)Granted
07/24/2015FiledBrief (Appellee)
07/24/2015FiledBriefing Completed
08/11/2015FiledOrder Granting Motion To Supplement The Record (Appellee)
08/18/2015FiledSupplemental Record #12 (Appendix A- Motion for a New Trail Pursuant to Superior Court Rule of Criminal Procedure 33 and DC Code 23-110 filed 3/19/07, Appendix B- Government's Opposition to Motion for New Trail Pursuant to Superior Court Rule of Criminal Procedure 33 and DC Code 23-110 filed 4/11/07)
09/28/2015FiledACTION - Ready for Calendaring - Regular
10/06/2015FiledLetter To Counsel/Party Re Future Calendaring
10/15/2015FiledLetter From Counsel/Party Re Future Calendaring (Appellee)
10/29/2015FiledLetter From Counsel/Party Re Future Calendaring (Appellant)
12/01/2015FiledACTION - Calendar notice sent
01/14/2016FiledMotion For Leave to File Reply Brief (Appellant)Granted
01/15/2016FiledOrder Granting appellant's motion to file reply brief.
01/15/2016FiledReply Brief (Appellant)
01/21/2016FiledArgued Before Chief Judge Washington, Associate Judge Glickman, and Senior Judge Reid.(Benjamin Brooks, Esq.)(Nicholas P. Coleman, Esq.)
02/09/2016FiledRule 28(k) Citation Of Supplemental Authority (Appellant)
03/15/2016FiledMotion To Supplement The Record (Appellant)Granted
03/16/2016FiledOrder Granting appellant's motion to supplement the record on appeal.
03/17/2016FiledSupplemental Record - #13 (EXHIBIT A- TRANSCRIPT OF POLICE INTERVIEW etc.) ***SEALED***
03/21/2016LodgedResponse to appellant's motion to supplement the record on apeal (Appellee)
06/23/2016FiledVacated In Part/Affirmed In Part/Remanded In Part (OPINION) (Washington, Chief Judge; Glickman, Associate Judge; and Reid, Senior Judge)
06/28/2016FiledLetter From Appellant's counsel regarding corrections in the opinion (Appellant)
06/28/2016FiledMotion For Extension Of Time to File petition for rehearing/rehearing en banc. (Appellant)Granted
07/06/2016FiledGRANT - Order Granting Appellant's Motion For Extension Of Time to File petition for rehearing/rehearing en banc until August 7, 2016
08/05/2016FiledPetition For Rehearing/Rehearing En Banc (Appellant Gardner)Denied
08/30/2016FiledOrder Denying appellant's Petition For Rehearing/Rehearing En Banc
09/07/2016FiledMandate (11-CF-557)
10/13/2016FiledQualls Letter Filed (Appellant Gardner)
12/09/2016FiledCopy/Notice Of Petition For Writ Of Certiorari
01/17/2017FiledNotice Of Denial Of Pet. For Writ Of Certiorari (Appellant Gardner)