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United States Court Cases

District Of Columbia Court Of Appeals Record

ELKANER C. GREENE V. UNITED STATES

Case Information: 07-CF-1434
Short Caption:ELKANER C. GREENE V. UNITED STATESClassification:Appeals - Criminal Felony - Drug Related
Superior Court or Agency Case Number:CF2-8957-07Filed Date:12/21/2007

Opening Event Date:12/21/2007Case Status:Closed
Record Completed:07/16/2008Post-Decision Matter Pending:
Briefs Completed:04/24/2009
Argued/Submitted:01/19/2010
Disposition:Next Scheduled Action:
Mandate Issued:02/17/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantElkaner C. Greene YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Kristina L. AmentYY

Events
Event DateStatusDescriptionResult
12/21/2007NOTICE OF APPEAL
01/24/2008 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Holly Reed, 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)
01/24/2008APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Holly Reed, Esquire
02/08/2008STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
07/15/2008SUPPLEMENTAL RECORD - #1 (13 pgs/tape) 7/26/07 proc.
07/15/2008SUPPLEMENTAL RECORD - #2 (10 pgs/tape) 9/6/07 proc.
07/15/2008SUPPLEMENTAL RECORD - #3 (11 pgs/tape) 9/10/07 proc.
07/15/2008SUPPLEMENTAL RECORD - #4 (87 pgs/Ronan) 9/17/07 proc.
07/15/2008SUPPLEMENTAL RECORD - #5 (88-358 pgs/Ronan) 9/19-21/07 proc.
07/15/2008SUPPLEMENTAL RECORD - #6 (144 pgs/Swaringer) 9/24-26/07 proc.
07/15/2008SUPPLEMENTAL RECORD - #7 (17 pgs/tape) 11/26/07 proc.
07/16/2008RECORD INDEX
07/16/2008RECORD COPIES
07/16/2008RECORD COMPLETED
07/23/2008 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)
08/26/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF 30 days no oppo
09/04/2008 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 October 2, 2008. (GP)
09/30/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days no oppo
10/02/2008 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 November 3, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
11/03/2008APPELLANT'S BRIEF
11/03/2008APPENDIX - attached to Appellant's Brief
12/04/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until January 12, 2009 (no oppo) (dwm)
12/08/2008 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 January 12, 2009. (GP)
12/16/2008APPELLANT'S MOTION FOR STAY pending resolution of 23-110 motion. no oppo
12/31/2008ORDERED that the motion for stay is hereby held in abeyance for 90 days to permit the trial court to rule on the pending motion. At the end of the 90 days period this court will deny this motion to stay and direct briefing unless there has been an intervening action taken in response to the trial court's resolution of appellant's motion. (ETW)
01/09/2009APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
03/23/2009LETTER from aple re missing transcripts.
03/25/2009SUPPLEMENTAL RECORD - #8 (9 pgs/tape) 6/6/07 proc.
04/08/2009SUPPLEMENTAL RECORD - #9 (4 pgs/tape) 6/20/07 proc.
04/20/2009RECEIVED - aple's brief.
04/24/2009 On consideration of appellee's motion for an extension of time within which to file the brief, and it appearing that the transcripts have been filed, and the lodged brief of appellee, it is ORDERED that appellee's motion is granted and the lodged brief is filed. It is FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (GP)
04/24/2009APPELLEE'S BRIEF
04/24/2009BRIEFS COMPLETED
07/17/2009FINAL SCREENING - SUMMARY CALENDAR I
07/30/2009RECEIVED prose letter, from Appellant, regarding ineffective assistance of court-appointed counsel
08/06/2009LETTER referring to counsel for appellant the July 30 pro se letter from appellant. (JAC)
08/12/2009ORDERED, sua sponte, that appeals nos. 07-CF-1434 and 09-CO-904 are consolidated for all purposes herein. F/O that Holly Reed, Esquire, is hereby appointed to represent appellant in appeal no. 09-CO-904 herein. F/O that the Clerk of the Superior Court shall prepare and transmit the record index and record copies in appeal no. 09-CO-904 to this court. F/O that the brief of appellant addressing the issues raised in appeal no. 09-CO-904 shall be filed wihtin 40 days from the date of this order, and the brief of appellee shall be filed within 30 days thereafter. See D.C. App. R. 31. (SHG)
08/26/2009RECORD COPIES (09-CO-904)
08/26/2009RECORD INDEX (09-CO-904)
09/16/2009RECEIVED - from Appellant with Court Appointed Counsel Additional Brief of Appellant . . . addressing the issues
09/18/2009LETTER referring to counsel for appellant the Sept. 16 pro se pleading from appellant. (JAC)
09/21/2009APPELLANT'S BRIEF
09/21/2009APPENDIX to Appellant's Brief.
10/26/2009APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
11/04/2009APPELLANT'S MOTION FOR STAY until trial court rules on 23-110 motion.
11/18/2009TMC - appellant's motion to stay - appellee's motion to dismiss
11/23/2009 ORDERED, SS, that APPEALS NOS. 07-CF-1434 and 09-CO-904 ARE HEREBY DECONSOLIDATED. It is *****MORE*******
11/23/2009 FURTHER ORDERED that the MOTION TO DISMISS IS GRANTED AND APPEAL NO. 09-CO-904 IS HEREBY DISMISSED W/O PREJUDICE to appellant filing a timely NOA if the Superior Court grants the outstanding motion to vacate and re-enters the order that is the subject of this appeal. See Williams v. US 783 A.2d 598 (Dc 2001). It is *****MORE*****
11/23/2009 FURTHER ORDERED that APPELLANT'S MOTION FOR STAY IS DENIED AS MOOT. (OBBEKG) (jl)
12/02/2009CALENDAR NOTICE SENT
12/18/2009APPELLANT'S MOTION REQUESTING ORAL ARGUMENT no oppo
01/04/2010ORDER GRANT APLT MOTION REQUESTING ORAL ARGUMENT and the parties are to be present in the District of Columbia Court of Appeals courtroom, located at 430 E Street, N.W., on the second flor, at 1:55 p.m. on January 19, 2010. (GP)
01/14/2010CERTIFICATE PER RULE 28
01/19/2010FiledACTION - Argued / Submitted
01/19/2010ARGUED before Reid,Thompson,Steadman. Holly Reed Esq.,for appellant Elkaner C.Greene. Kristina L.Ament Esq.,for appellee.
01/26/2010AFFIRMED IN PART/REMANDED IN PART MOJ (Reid, Thompson, Steadman)remanding the case for the SC to vacate one of aplt's unregistered firearm convictions, one unlawful possession of a firearm by a convicted felon, and one unlawful possession of ammunition conviction and in all other respects affirming the judgment on appeal.
02/03/2010CJA ATTORNEY'S QUALLS LETTER (titled as: motion for withdrawal of appellate counsel)
02/17/2010MANDATE ISSUED
02/18/2010ORDER - On consideration of the motion of Holly Reid III, Esquire, to withdraw as counsel for appellant, which motion also requests the appointment of new counsel to assist appellant in the prepartion of a petition for rehearing en banc in this court and a petition for writ of certiorari in the Supreme Court of the United States, it is ORDERED that the motion is granted to the extent that the appearance of Holly Reid III, Esquire, is withdrawn as counsel for appellant. In all other respects the motion is denied without prejudice to any petition appellant might file pro se. (RD,TH,ST)