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United States Court Cases

District Of Columbia Court Of Appeals Record

DONNELL D. BRAND V. UNITED STATES

Case Information: 06-CF-1434
Short Caption:DONNELL D. BRAND V. UNITED STATESClassification:Appeals - Criminal Felony - Carjacking
Lead:06-CF-1434Consolidated: 06-CF-1442
Superior Court or Agency Case Number:FEL6537-05Filed Date:11/08/2006

Opening Event Date:11/08/2006Case Status:Closed
Record Completed:08/17/2007Post-Decision Matter Pending:
Briefs Completed:05/08/2008
Argued/Submitted:11/05/2008
Disposition:Next Scheduled Action:
Mandate Issued:12/29/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDonnell D. Brand YPro SeN
AppelleeUnited StatesN
Bernard J. Delia YN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
11/08/2006NOTICE OF APPEAL
12/14/2006ORDERED, sua sponte, that appeals nos. 06-CF-1434 and 06-CF-1442 are consolidated for all purposes herein. F/O that Lisa D. Chanel, Esquire, is hereby appointed to represent appellant in appeal no. 06-CF-1434. F/O that Donna L. Biderman, Esquire, is hereby appointed to represent appellant in appeal no. 06-CF-1442. F/O that counsel for both appellants shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to the appeals have been ordered and shall, within 30 days from the date of this ordercomplete and file with this court a single copy of the attached statement regarding transcriptordered for these appeals. Where transcript(s) necessary for these appeals have been ordered and completed for non-appeal purposes, both appellants must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeals. (GP)
01/03/2007STATEMENT REGARDING TRANSCRIPT(S) in 06-CF-1434 (RT ordered/needed (pii))
01/22/2007MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT no oppo.
01/22/2007RECEIVED - statement re transcript in 06-CF-1442
01/24/2007 On consideration of appellant Vernon J. Parrish's motion for leave to file the lodged statement regarding transcript, it is ORDERED that appellant Vernon J. Parrish's motion is granted and the lodged statement regarding transcript is filed. (GP)
01/24/2007STATEMENT REGARDING TRANSCRIPT(S) (Vernon J. Parrish)
08/16/2007RECORD COPIES in 06-CF-1434.
08/16/2007RECORD INDEX in 06-CF-1434.
08/16/2007SUPPLEMENTAL RECORD - #1 (41 pgs/Rogers) 6/12/06 proc.
08/16/2007SUPPLEMENTAL RECORD - #2 (396 pgs/Hunt) 8/7-8/06 proc.
08/16/2007SUPPLEMENTAL RECORD - #3 (397-872 pgs/Hunt) 8/9-11/06 proc.
08/16/2007SUPPLEMENTAL RECORD - #4 (22 pgs/Schertzer) 8/14/06 proc.
08/16/2007SUPPLEMENTAL RECORD - #5 (26 pgs/Franklin) 10/17/06 proc.
08/17/2007RECORD COPIES in 06-CF-1442.
08/17/2007RECORD INDEX in 06-CF-1442.
08/17/2007RECORD COMPLETED
08/23/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants' briefs and the limited appenixes including the documents required by D.C. App. R. 30 (f), shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (gp)
09/13/2007APPELLANT'S BRIEF (Brand) (See corrected brief filed on 5/21/08)
09/13/2007APPENDIX (Brand)
10/09/2007 On consideration of this court's order of August 23, 2007, directing counsel for appellant Vernon J. Parrish to file the brief, and the limited appendix as required by D.C. App. R. 30 (f), within 40 days and it appearing that the brief and the appendix have not been filed, it is ORDERED that the brief of appellant Vernon J. Parrish and the limited appendix shall be submitted within 20 days from the date of this order, accompanied by a motion for leave to file out of time. The motion should set forth good cause for thef ailure either to timely file the documents or to request an extension of time within which to do so. (GP)
10/29/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until January 31, 2008 (Parrish) (unopposed)
11/02/2007 On consideration of appellant Vernon J. Parrish'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 Vernon J. Parrish's brief and limited appendix shall be filed on or before January 31, 2008. (GP)
01/31/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 2/29/08. (Parrish) no oppo
02/06/2008 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 and the limited appendix shall be filed on or before February 29, 2008. (GP)__
02/06/2008RECEIVED pro se letter from appellant asking to file a supplemental brief
02/11/2008LETTER referring to counsel for appellant the Feb 6 pro se letter from appellant. (JAC)
02/21/2008RECEIVED appellant's pro se motion to stay appeal
02/25/2008LETTER referring to counsel for appellant the Feb. 21 pro se motion of appellant to stay appeal. (JAC)
03/04/2008APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF (Parrish) (no oppo)
03/04/2008RECEIVED - aplt's brief (Parrish)
03/04/2008RECEIVED - aplt's appdx (Parrish)
03/07/2008 On consideration of appellant Vernon J. Parrish's motion to late file the lodged brief and appendix, to which no opposition has been filed, it is ORDERED that the motion of appellant Parrish is granted and the lodged brief and appendix are filed. It is FURTHER ORDERED that the brief of appellee shall be filed on or before April 8, 2008. (GP)
03/07/2008APPELLANT'S BRIEF/APPENDIX ATTACHED TO BRIEF (PARRISH)
04/08/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until May 8, 2008 (no oppo)
04/10/2008 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 May 8, 2008. (GP)
04/14/2008APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo (Brand)
04/18/2008 On consideration of the unopposed motion of appellant Donnell D. Brand's to supplement the record with the lodged document that was part of the record in the trial court, it is ORDERED that the motion is granted and the lodged document will be forwarded to the Appeals Coordinator's Office for transmittal to this court as a supplemental record. (GP)
05/08/2008ORDERED that appellant's motion to supplement the record is denied, and counsel for appellant shall file the corrected brief within 15 days from the date of this order. (ETW)
05/08/2008APPELLEE'S BRIEF
05/08/2008BRIEFS COMPLETED
05/21/2008APPELLANT'S CORRECTED BRIEF (Brand)
05/21/2008APPENDIX (Brand)
05/23/2008FINAL SCREENING - REGULAR CALENDAR
07/11/2008 It appearing that this appeal is likely to be calendared for argument during the months of October 2008 thru December 2008, it is ORDERED that counsel shall advise this court in writing by August 18, 2008 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
07/14/2008SUPPLEMENTAL RECORD - #6 (56 pgs/tape) 11/4/05 proc.
10/01/2008CALENDAR NOTICE SENT
10/28/2008APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo (Parrish)
10/28/2008RECEIVED - aplt's reply brief.
10/28/2008RECEIVED - corrected unopposed motion to supp the record on appeal.
11/04/2008On consideration of appellant Vernon J. Parrish's motion to late file the lodged reply brief, it is ORDERED that the motion is granted and the Clerk is directed to file the lodged reply brief. (RZ,FI,FA)
11/04/2008APPELLANT'S REPLY BRIEF (Vernon J. Parrish)
11/05/2008FiledACTION - Argued / Submitted
11/05/2008ARGUED before Ruiz,Fisher,Farrell. Lisa D.Chanel Esq.,for appellant Donnell D.Brand. Donna L.Biderman Esq.,for appellant Veron J. Parrish. Bernard J.Delia Esq.,for appellee.
12/03/2008AFFIRMED MOJ (Ruiz, Fisher, Farrell)
12/10/2008CJA ATTORNEY'S QUALLS LETTER
12/29/2008MANDATE ISSUED
01/05/2009CJA ATTORNEY'S QUALLS LETTER
02/12/2009RECEIVED - aplt's petition for rehearing en banc (of Parrish)
02/12/2009APLT MOTION FOR LEAVE TO FILE PET FOR REHEARING EB IN EXCESS OF PAGE LIMIT (of Parrish)
05/20/2009APLT'S PETITION FOR REHEARING/REHEARING EN BANC (Parrish, pro se)
05/20/2009ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (Parish, pro se) also grant appellant's motion for leave to file petition in excess of page limit and the Clerk is directed to file the lodged petition. (WHRZRDGLKRFIBRTHOBFA) (Judge Farrell was an Associate Judge, Retired, of the court at time of argument. His status changed to Senior Judge on January 23, 2009.)
05/28/2009MOTION TO RECALL THE MANDATE (Parrish, pro se) Denied
07/01/2009On consideration of appellant's pro se motion to recall the mandate, it is ORDERED that appellee is directed to file within 30 days from the date of this order a response to the motion. It is FURTHER ORDERED that appellant's motion to recall the mandate is hereby held in abeyance pending appellee's response. (RZ,FI,FA)
07/30/2009APPELLEE'S OPPOSITION - to aplt's motion to recall the mandate
09/30/2009ORD DENYING MOTION TO RECALL MANDATE (RZ,FI,FA)