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United States Court Cases

District Of Columbia Court Of Appeals Record

ELLIOT WILLIAM HEATH V. UNITED STATES

Case Information: 08-CF-0347
Short Caption:ELLIOT WILLIAM HEATH V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:CF1-16194-06Filed Date:03/18/2008

Opening Event Date:03/18/2008Case Status:Decided/Dismissed
Record Completed:10/10/2008Post-Decision Matter Pending:
Briefs Completed:03/18/2010
Argued/Submitted:10/20/2010
Disposition:Next Scheduled Action:
Mandate Issued:04/05/2013
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantElliot W. Heath Y
James W. KleinNY
James WhiteheadYY
Alice WangNY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Ann K. H. SimonYN

Events
Event DateStatusDescriptionResult
03/18/2008NOTICE OF APPEAL
04/18/2008 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)
05/08/2008STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii)
09/15/2008SUPPLEMENTAL RECORD - #1 (133 pgs/Warren) 1022/07 proc.
09/15/2008SUPPLEMENTAL RECORD - #2 (328 pgs/Hunt) 10/23/07 proc.
09/15/2008SUPPLEMENTAL RECORD - #3 (383 pgs/Hunt) 10/24-25/07 proc.
09/15/2008SUPPLEMENTAL RECORD - #4 (131 pgs/Burr) 10/29/07 proc. a.m.
09/15/2008SUPPLEMENTAL RECORD - #5 (104 pgs/Armstrong) 10/29/07 proc.
09/15/2008SUPPLEMENTAL RECORD - #6 (23 pgs/Kaczoroski) 10/30/07 proc.
09/15/2008SUPPLEMENTAL RECORD - #7 (8 pgs/Wood) 10/31/07 proc.
10/10/2008SUPPLEMENTAL RECORD - #8 (32 pgs/Kaczorowski) 8/11/06 proc.
10/10/2008RECORD COMPLETED
10/16/2008 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)
11/25/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
12/04/2008 On consideration of appellant's unopposed motion for an extension of time within which to file the brief and limited appendix, it is ORDERED that the motion is granted, and appellant's brief and the limited appendix shall be filed on or before February 23, 2009. (GP)
02/20/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
02/25/2009 On consideration of appellant's unpposed 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 May 26, 2009. Any further requestsfor extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/18/2009RECORD INDEX
03/18/2009RECORD COPIES
05/26/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 90 days (no oppo)
06/03/2009 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 August 24, 2009. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
08/24/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
09/03/2009 On consideration of appellant's unopposed motion for an extension of time within which to file the brief, and it appearing that this court issued the briefing order on October 16, 2008, and that counsel has repeatedly filed motions for extensions of time, it is ORDERED that the motion is granted to the extent that the appellant's brief and limited appendix shall be filed by November 16, 2009, or counsel shall show cause why he should not be held in contempt for failure to comply with this court's order. (ETW)
11/16/2009APPELLANT'S BRIEF
11/16/2009APPENDIX
12/16/2009APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 2/17/10. no oppo
12/24/2009 On consideration of appellee's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before February 17, 2010. (GP)
02/17/2010APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days no oppo
02/24/2010 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 March 19, 2010. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/18/2010APPELLEE'S BRIEF
03/18/2010BRIEFS COMPLETED
07/13/2010re-FINAL SCREENING - REGULAR CALENDAR
07/20/2010 It appearing that this appeal is likely to be calendared for argument during the month(s) of October 2010 through December 2010, it is ORDERED that counsel shall advise this court in writing by AUG. 09, 2010, of specific dates du ring that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. (Please see the attached instruction sheet.) (aj) Joy A. Chapper Acting Clerk
07/28/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
08/06/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
08/25/2010CALENDAR NOTICE SENT
10/01/2010APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (no oppo)
10/01/2010RECEIVED - aplt's reply brief
10/08/2010ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief is filed. (JC)
10/08/2010APPELLANT'S REPLY BRIEF
10/18/2010APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
10/20/2010FiledACTION - Argued / Submitted
10/20/2010FiledARGUED before Judges Glickman, Blackburne-Rigsby, Steadman James Whitehead, Esq. for appellant Ann K. H. Simon, Esq. for appellee
10/28/2010On consideration of appellant's unopposed motion to supplement the record with the curriculum vitae of Dr. Van Wallandael, whtich was attached as appendix C to the brief of appellant, it is ORDERED that the motion is granted and the record is so supplemented. (GL,B-R,ST)
07/21/2011FiledAffirmed In Part/Remanded In Part (OPINION) (ORDERED and ADJUDGED that the judgment on appeal is affirmed, and this case is remanded for the trial court to vacate one of the counts of possession of a firearm during a crime of violence ("PFCV") and determine whether re-sentencing on the remaining counts is necessary to effectuate its original sentencing plan.
08/04/2011FiledMotion For Extension Of Time to File Petition for Rehearing/ Rehearing En Banc (Appellant) (60 Days)
09/15/2011FiledGRANT - Order Granting MOET to file appellant's petition for rehearing or rehearing en banc on or before October 3, 2011.
10/03/2011FiledPetition For Rehearing/Rehearing En Banc (Appellant)Denied
10/31/2011FiledOrder directing appellee, within 14 days from the date of this order, to file a response to petition for rehearing or rehearing en banc (14 copies)
11/14/2011FiledMotion For Extension Of Time to File Opposition/Reply/Answer to petition for reh/reh en banc (Appellee)
11/21/2011FiledGRANT - Order Granting MOET to file appellee's response to pet for reh/reh en banc on or before January 13, 2012.
01/05/2012FiledMotion For Extension Of Time to File Opposition/Reply/Answer (Appellee) to pet for reh/reh en banc.
01/13/2012FiledGRANT - Order Granting MOET to file appellee's response to pet for reh/reh en banc on or before February 13, 2012.
02/13/2012FiledMotion For Extension Of Time to File third extension to file response to appellant's petition for rehearing or rehearing en banc Other (Appellee)
02/15/2012FiledGRANT - Order Granting MOET to file appellee's response to petition for reh/reh en banc on or before March 14, 2012.
03/14/2012FiledAnswer/Response to petition for rehearing/reharing en banc. (Appellee)
03/27/2013FiledOrder Denying appellant's petition for rehearing or rehearing en banc.
04/05/2013FiledMandate
06/28/2013FiledCopy/Notice Of Petition For Writ Of Certiorari (Appellant)
01/16/2014FiledNotice Of Denial Of Pet. For Writ Of Certiorari (Appellant)