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United States Court Cases

District Of Columbia Court Of Appeals Record

ERIC J. BANKS V. UNITED STATES

Case Information: 04-CF-1675
Short Caption:ERIC J. BANKS V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:FEL6580-02Filed Date:08/30/2004

Opening Event Date:08/30/2004Case Status:Closed
Record Completed:12/20/2006Post-Decision Matter Pending:
Briefs Completed:06/28/2007
Argued/Submitted:02/05/2008
Disposition:Next Scheduled Action:
Mandate Issued:09/10/2009
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaePublic Defender ServiceN
James W. KleinNY
Alice WangNY
AppellantEric J. Banks Y
Patrick T. HandYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Allison Barlotta YN
Anne Y. ParkNN

Events
Event DateStatusDescriptionResult
08/30/2004NOTICE OF APPEAL
01/05/2006LETTER to appellant stating that his notice of appeal was docketed as appeal no. 04-CF-1675. Informing appellant that this court will appoint counsel and that he can expect to receive notification from this court and counsel shortly. (JAC)
01/10/2006 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Patrick T. Hand, 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)
01/10/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Patrick T. Hand, Esquire
02/09/2006STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
02/13/2006RECORD COPIES
02/13/2006RECORD INDEX
05/31/2006SUPPLEMENTAL RECORD - #1 (91 pgs/Van Bremen) 6/8/04 proc.
05/31/2006SUPPLEMENTAL RECORD - #2 (228 pgs/Van Bremen) 6/9/04 proc.
05/31/2006SUPPLEMENTAL RECORD - #3 (185 pgs/Van Bremen) 6/10/04 proc.
05/31/2006SUPPLEMENTAL RECORD - #4 (26 pgs/tape) 8/6/04 proc.
12/20/2006SUPPLEMENTAL RECORD - #5 (51 pgs/Swaringer) 6/14/04 proc.
12/20/2006RECORD COMPLETED
12/28/2006 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)
01/29/2007RECEIVED pro se letter from Appellant requesting assignment of new court-appointed counsel.
02/02/2007LETTER referring to counsel for appellant the Jan. 29 pro se letter received from appellant. (JAC)
02/06/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
02/12/2007 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 8, 2007. (GP)
03/08/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 15 days
03/13/2007 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 23, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/23/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF 3rd (to 30 days) no oppo
04/06/2007ORDERED that the motion is granted and appellant's brief and the limited appendix shall be filed on or before April 23, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
04/23/2007APPELLANT'S BRIEF
04/23/2007APPENDIX (limited)
05/21/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
05/23/2007 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 June 28, 2007. (GP)
06/28/2007APPELLEE'S BRIEF
06/28/2007BRIEFS COMPLETED
07/06/2007FINAL SCREENING - REGULAR CALENDAR
07/19/2007APPELLANT'S REPLY BRIEF
10/18/2007 It appearing that this appeal is likely to be calendared for argument during the months of January 2008 thru March 2008, it is ORDERED that counsel shall advise this court in writing by November 21, 2007 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
10/29/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (do schd for oral argument)
12/20/2007CALENDAR NOTICE SENT
02/05/2008FiledACTION - Argued / Submitted
02/05/2008ARGUED before Judges Kramer, Belson, Farrell Patrick T.Hand Esq.,for appellant Eric J.Banks. Allison Barlotta Esq.,for appellee.
08/15/2008AMICUS CURIAE MISCELLANEOUS SUBSTANTIVE MOTION to participate as amicus curiae and proposed briefing schedule no oppo
08/22/2008On consideration of the unopposed motion of the Public Defender Service to participate as amicus curiae and proposed briefing schedule, it is ORDERED that the motion is granted to the extent that the Public Defender Service may participate as amicus curiae. It is FURTHER ORDERED that the supplemental briefs of appellant and the Public Defender Service shall be filed on or before October 15, 2008. Appellee shall have thirty days from the date of service of appellant's supplemental brief to serve and file its supplemental brief in response. Thereafter, appellant shall have twenty days to serve and file a reply brief, if necessary. (KR,FA,BE)
10/23/2008AMICUS CURIAE MOTION FOR LEAVE TO FILE BRIEF no oppo
10/23/2008RECEIVED - Amicus (PDS) brief.
10/28/2008AMICUS CURIAE MISCELLANEOUS PROCEDURAL MOTION to file amended Amicus Brief. no oppo
10/28/2008RECEIVED - supp brief for Amicus Curiae.
11/07/2008On consideration of the unopposed motions of amici curiae, Public Defender Service, for leave to late file the lodged brief, and the unopposed motion to file the lodged amended brief, it is ORDERED that the motions are granted and the lodged amended brief of amici curiae, Public Defender Service is filed. (KR,FA,BE)
11/07/2008AMICUS CURIAE'S BRIEF (PDS)
11/07/2008AMICUS CURIAE'S BRIEF - *** AMENDED *** (PDS)
11/24/2008APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFuntil December 24, 2008 (no oppo)
12/03/2008On consideration of appellee's unopposed motion for an extension of time within which to file its response to amicus curiae's supplemental brief, it is ORDERED that the motion is granted, and the response of appellee shall be filed on or before December 24, 2008. (KR,FA,BE)
12/24/2008APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
01/07/2009CERTIFICATE PER RULE 28
02/03/2009CERTIFICATE PER RULE 28
03/10/2009CERTIFICATE PER RULE 28
08/19/2009AFFIRMED MOJ (Kramer, Belson, Farrell)
09/10/2009MANDATE ISSUED