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United States Court Cases

District Of Columbia Court Of Appeals Record

ROBERT MCMILLIAN V. UNITED STATES

Case Information: 08-CF-0282
Short Caption:ROBERT MCMILLIAN V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:CF1-23454-06Filed Date:02/25/2008

Opening Event Date:02/25/2008Case Status:Decided/Dismissed
Record Completed:07/21/2008Post-Decision Matter Pending:
Briefs Completed:07/21/2011
Argued/Submitted:01/11/2012
Disposition:Next Scheduled Action:
Mandate Issued:07/31/2012
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRobert McMillianY
Craig N. MooreYY
Sloan S.J. JohnstonNY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Patricia A. HeffernanNY
Leslie Ann Gerardo YN

Events
Event DateStatusDescriptionResult
02/25/2008NOTICE OF APPEAL
04/01/2008 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 attached statement regarding the transcript ordered for this appeal. 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. (GP)
05/01/2008STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
07/21/2008SUPPLEMENTAL RECORD - #1 (358 pgs/Kaczorwski) 10/15-16/07 proc.
07/21/2008SUPPLEMENTAL RECORD - #2 (359-458 pgs/Kaczorowski) 10/17-18/07 proc.
07/21/2008SUPPLEMENTAL RECORD - #3 (9 pgs/Warren) 10/18/07 proc.
07/21/2008SUPPLEMENTAL RECORD - #4 (16 pgs/tape) 2/8/08 proc.
07/21/2008RECORD COMPLETED
08/08/2008 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief and the limited appendix 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)
09/03/2008FiledSUPPLEMENTAL RECORD #5 (government's motion to seal exparte proceeding filed 9/19/07, government's motion to seal ex parte proceeding file 10/3/07)
09/03/2008RECORD INDEX
09/03/2008RECORD COPIES
09/17/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
09/23/2008 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 December 16, 2008. (GP)
12/16/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
12/23/2008 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 March 16, 2009. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/16/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
03/31/2009 On consideration of appellant's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and appellant's brief and the limited appendix shall be filed on or before June 15, 2009. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
06/15/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 90 days (no oppo)
06/25/2009ORDERED that the motion is granted to the extent that the appellant's brief shall be filed by September 8, 2009, or counsel shall show cause why he should not be held in contempt for failure to complywith this court's order. (ETW)
09/08/2009APPELLANT'S BRIEF
09/08/2009APPENDIX
10/07/2009APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/1/09. no oppo
10/08/2009COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
10/28/2009ORDERED that the motion of counsel for appellant is granted and the appointment of James W. klein, Esquire, is hereby vacated, and Craig Moore, Esquire, is appointed to represent appellant herein. James W. Klein, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that the appellant shall within 90 days from the date of this order, advise this court whether a supplemental brief will be filed. F/O that the appellee's motion is granted and the brief of appellee shall be filed within 30 days from the date of the filing of appellant's supplemental brief or statement that no supplemental brief will be filed. (ETW)
01/19/2010APPELLANT'S MOTION FOR STAY for a period of 90 days.
03/10/2010ORDERED that appellant's motion is denied without prejudice to refiling upon the filing of the D.C. Code 23-110 motion. F/O that counsel for appellant shall, within 90 days from the date of this order, file the D.C. Code 23-110 motion in the trial court or file the brief and limited appendix. (ETW)
06/08/2010APPELLANT'S MOTION FOR STAY - the appeal pending the 23-110 motion filed in Superior Court
06/23/2010ORDERED that the motion for stay is hereby held in abeyance for 90 days to permit the trial court to rule on the pending motion. F/O that appellant shall advise this court on or before September 20, 2010, as to the status of the motion in the trial court. (ETW)
09/20/2010STATEMENT on the status of the matter in the trial court.
10/22/2010STATEMENT on the status of the matter in the trial court.
11/03/2010ORDERED that appellant shall advise this court on or before January 24, 2011, as to the status of the motion in the trial court. F/O that appellant's motion for stay remains in abeyance. (ETW)
01/25/2011APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file renewed motion to stay appeal
01/25/2011RECEIVED - Appellant's Renewed Motion to Stay Appeal
02/10/2011ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file out of time the lodged renewed motion to stay appeal, ...... it is ORDERED that the appellant's motion for leave is granted to the extent that the Clerk shall file the lodged motion as appellant's status statement. It is F/O that the motion for stay is denied. It is F/O that appellant's supplemental brief, if any, shall be filed w/n 30 days from the date of this order. (ETW)
02/10/2011STATEMENT - status (renewed motion to stay appeal)
03/14/2011APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF for 45 days (unopposed)
03/17/2011 On consideration of the motion of appellant_ for an extension of time within which to file the supplemental brief, to which no opposition has been filed, it is ORDERED that the motion of appellant_ is granted and the supplemental brief of appellant shall be filed with this court on or before April 28, 2011. (JAC)
04/28/2011APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
05/11/2011RECEIVED - aplt's brief
05/11/2011RECEIVED - aplt's appdx
05/27/2011 On consideration of appellant's unopposed motion for an extension of time within which to file the brief, and the lodged appellant's brief and appendix, it is ORDERED that the motion is granted to the extent that the lodged appellant's brief and appendix are filed. It is FURTHER ORDERED that the brief of appellee shall be filed within 30 days from the date of the order. (Castillo)
05/27/2011APPELLANT'S BRIEF
05/27/2011APPENDIX
06/23/2011APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 7/21/11
07/08/2011 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 July 21, 2011. (JAC)
07/21/2011FiledBrief (Appellee)
07/21/2011FiledBriefing Completed
08/12/2011FiledACTION - Ready for Calendaring
11/30/2011FiledACTION - Calendar notice sent
01/11/2012FiledSubmitted to Judges Glickman, Blackburne-Rigsby, Schwelb
07/06/2012FiledAffirmed (MOJ) (Glickman and Blackburne-Rigsby, Associate Judges, and Schwelb, Senior Judge.)
07/31/2012FiledMandate