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United States Court Cases

District Of Columbia Court Of Appeals Record

JONATHAN M. AUSTIN V. UNITED STATES

Case Information: 11-CF-0186
Short Caption:JONATHAN M. AUSTIN V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:CF1-27084-08Filed Date:02/14/2011

Opening Event Date:02/14/2011Case Status:Decided/Dismissed
Record Completed:05/24/2011Post-Decision Matter Pending:
Briefs Completed:07/25/2012
Argued/Submitted:01/16/2013
Disposition:Next Scheduled Action:
Mandate Issued:05/10/2013
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJonathan AustinY
Billy L. PondsYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Peter S. SmithYY

Events
Event DateStatusDescriptionResult
02/14/2011NOTICE OF APPEAL
03/02/2011 On consideration of the notice of appeal, it is ORDERED that 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 Division to forward said transcript(s) for inclusion in the record on appeal. It is FURTHER ORDERED appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. App. R. 13 (a). (JAC)
03/08/2011COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
03/28/2011ORDERED that the motion of counsel for appellant is granted and the appearance of Billy L. Ponds, Esquire, is hereby withdrawn, and Edward Gain, Esquire, is appointed to represent appellant herein. Billy L. Ponds, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith.F/O that newly-appointed counsel for appellant shall immediately take the necessary steps to review the trial court record and to ensure that the transcript 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 conpleted 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. (ETW)
03/28/2011APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Edward Gain, Esquire
04/01/2011APPEARANCE of Billy L. Ponds as counsel for Appellant.
04/01/2011APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for Substitution of Counsel.
04/20/2011 ORDERED that the motion of retained counsel is granted and the appointment of Edward Gain, Esquire, is hereby vacated. Edward Gain, Esquire, shall transmit all documents pertaining to this appeal to the newly-retained counsel forthwith. It is F/O that counsel for appellant shall immediately take the necessary steps to review the trialc ourt record and to ensure that the transcripts necessary to the appeal have been ordered and shall, w/in 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 trancript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting Division to forward said transcript(s) for inclusion in the record on appeal. (ETW)
05/20/2011STATEMENT REGARDING TRANSCRIPT(S)
05/24/2011SUPPLEMENTAL RECORD - #1 (4 pgs/Richer) 11/10/10 proc. a.m.
05/24/2011SUPPLEMENTAL RECORD - #2 (147 pgs/Shelton) 11/10/10 proc. p.m.
05/24/2011SUPPLEMENTAL RECORD - #3 (351 pgs/Lindsay) 11/15-17/10 proc.
05/24/2011SUPPLEMENTAL RECORD - #4 (352-647 pgs/Lindsay) 11/18-19/10 proc.
05/24/2011SUPPLEMENTAL RECORD - #5 (9 pgs/Pirfo) 11/29/10 proc. w/cd
05/24/2011RECORD COMPLETED
06/06/2011RECORD INDEX
06/06/2011RECORD COPIES
06/06/2011FiledSUPPLEMENTAL RECORD - #6 (SEALED documents)
06/09/2011 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. (Castillo)
07/18/2011FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)
07/21/2011FiledOrder Granting Motion For Extension Of Time to File Appendix, Brief (Appellant) to 10/31/11.
08/30/2011FiledCounsel's Motion To Withdraw (Appellant)
08/30/2011LodgedReceived pro se letter from Appellant informing court of a change in his financial status and requesting assistance. (Appellant)
09/27/2011FiledCounsel's Motion To Withdraw his motion to withdraw as counsel of record (Appellant)
09/30/2011LodgedReceived pro se letter regarding financial difficulties and request that attorney Billy Ponds be court-appointed instead of retained. (Appellant)
10/07/2011FiledORDER SUA SPONTE - Withdraw Appellant's Appointed Counsel Billy L. Ponds, Esquire motion and Briefing Order
11/01/2011FiledLetter To counsel for appellant referring the pro se letter received from appellant on September 30.
11/16/2011FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
11/23/2011FiledGRANT - Order Granting Appellant's motion for an extension of time within which to file the brief and limited appendix to 1/31/12.
01/31/2012FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
02/02/2012FiledGRANT - Order Granting Appellant's motion for an extension of time within which to file the brief and limited appendix to 3/16/12
03/16/2012FiledMotion For Extension Of Time to File Appendix, Brief until March 21,2012 (Appellant)Granted
03/28/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Appendix, Brief w/n 15 days. (Appellant)
04/13/2012FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
04/17/2012FiledMotion To File Excess-Paged Brief (Appellant)Granted
04/17/2012FiledMotion For Leave to File Appendix, Brief (Appellant)Granted
04/18/2012FiledTMC//MOTION TO EXTEND BRIEFING//MOTIONS TO FILE LODGED EXCESS PAGE BRIEF
04/25/2012FiledORDER GRANTING APPELLANT'S MOTIONS and the CLERK SHALL FILE APPELLANT'S LODGED APPENDIX and BRIEF and APPELLEE'S BRIEF IS DUE w/n 30 DAYS
04/25/2012FiledBrief (Appellant)
04/25/2012FiledAppendix (Appellant)
05/21/2012FiledMotion For Extension Of Time to File Brief (Appellee)Granted
05/29/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Appellee) to 6/25/12.
06/25/2012FiledMotion For Extension Of Time to File Brief (Appellee)Granted
07/03/2012FiledGRANT - Order Granting Motion For Extension Of Time to File Brief (Appellee) to 7/25/12
07/25/2012FiledBrief (Appellee)
07/25/2012FiledBriefing Completed
08/15/2012FiledACTION - Ready for Calendaring - Regular
08/15/2012FiledLetter To Counsel/Party Re Future Calendaring
09/05/2012FiledLetter From Counsel/Party Re Future Calendaring (Appellee)
12/03/2012FiledACTION - Calendar notice sent
12/05/2012FiledChange Of Address Received From Attorney Ponds (Appellant)
01/16/2013FiledArgued before Judges Fisher, Thompson, Wagner, Billy L. Ponds, Esq. for appellant Peter S. Smith, Esq. for appellee
04/18/2013FiledAffirmed (OPINION) (Fisher and Thompson, Associate Judges, and Wagner, Senior Judge.)
05/10/2013FiledMandate
10/22/2013FiledMotion To Recall The Mandate (Prose) (Appellant)Denied
01/28/2014FiledTMC//MOTION TO RECALL MANDATE
01/30/2014FiledORDER DENYING APPELLANT'S MOTION TO RECALL MANDATE and...