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United States Court Cases

District Of Columbia Court Of Appeals Record

RON D. HERNDON V. UNITED STATES

Case Information: 05-CF-0322
Short Caption:RON D. HERNDON V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead: 05-CF-0299 Consolidated:05-CF-0322
Superior Court or Agency Case Number:FEL1240-03Filed Date:03/18/2005

Opening Event Date:03/18/2005Case Status:Closed
Record Completed:09/19/2006Post-Decision Matter Pending:
Briefs Completed:05/30/2008
Argued/Submitted:02/11/2009
Disposition:Next Scheduled Action:
Mandate Issued:02/04/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRon D. Herndon Y
Mindy A. DanielsYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Katherine M. KellyYY

Events
Event DateStatusDescriptionResult
03/18/2005NOTICE OF APPEAL
04/12/2005ORDERED, sua sponte, that appeals nos. 05-CF-299 and 05-CF-322 are consolidated for all purposes. F/O that Mindy A. Daniels, Esquire, is hereby appointed to represent appellant in appeal no. 05-CF-322. F/O that counsel for appellant in appeal no. 05-CF-322 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 transcript ordered for this appeal. Where transcript(s) necessary for this appeal have been ordered and conmpleted for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclussion in the record on appeal. (GP)
04/12/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Mindy A. Daniels, Esquire in appeal no. 05-CF-322
04/14/2005COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Thomas)
04/19/2005ORDERED that the motion of counsel for appellant Keith Thomas is granted, and the appointment of W. Douglas Wham, Esquire, is hereby vacated, and Patricek T. Hand, Esquire, is appointed to represent appellant herein. W. Douglas Wham, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that newly-appointed counsel for appellant in appeal no. 05-CF-299 shall immediately take the necessary steps to review the trial court record and to ensure thatthe transcripts necessary to the appeal have been ordered and shall, within 30 days from the date of this order complete and file withthis court a single copy of the attached statement regarding 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. (AMW)
04/26/2005STATEMENT REGARDING TRANSCRIPT(S) (05-CF-299) (RT ordered/needed (pii))
05/12/2005STATEMENT REGARDING TRANSCRIPT(S) in 05-CF-322. (RT ordered/needed (pii))
09/19/2006RECORD COPIES in 05-CF-299.
09/19/2006RECORD INDEX in 05-CF-299.
09/19/2006RECORD COPIES in 05-CF-322.
09/19/2006RECORD INDEX in 05-CF-322.
09/19/2006SUPPLEMENTAL RECORD - #1 (43 pgs/Graybill) 4/1/03 proc.
09/19/2006SUPPLEMENTAL RECORD - #2 (53 pgs/Swaringer) 7/16/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #3 (13 pgs/tape) 7/22/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #4 (55 pgs/Sar-Burns) 9/17/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #5 (330 pgs/Ramos) 11/8/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #6 (283 pgs/Ramos) 11/9/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #7 (246 pgs/Ramos) 11/10/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #8 (40 pgs/Ramos) 11/12/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #9 (538 pgs/Kaczorowski) 11/15-16/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #10 (539-1045/Kaczorowski) 11/17-18/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #11 (186 pgs/Mahoney) 11/22-23/04 proc.
09/19/2006SUPPLEMENTAL RECORD - #12 (44 pgs/Rust) 3/11/05 proc.
09/19/2006RECORD COMPLETED
09/25/2006 It appearing that the complete record on appeals have been filed with this court, it is ORDERED that all appellants' briefs and limited appendices 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)
10/27/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 45 days. (Thomas) no oppo
11/03/2006 On consideration of appellant Keith Thomas' motion for an extension of time within which to file the brief and limited appendix, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant Keith Thomas shall file the brief and limited appendix on or before December 21, 2006. (GP)
11/08/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/8/07. (Herndon) no oppo
11/20/2006 On consideration of appellant Ron Herndon's unopposed motion for extensiion of time within which to file brief, it is ORDERED that the motion is granted and appellant Herndon's brief and limited appendix shall be filed before January 8, 2007. (GP)
11/29/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/8/07. (Thomas) no opp
12/06/2006 On consideration of appellant Keith Thomas' motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that motionis granted and appellant Keith Thomas' brief and limited appendix shall be filed on or before January 8, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/03/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 05-CF-299 to 4/8/07. (no oppo)
01/11/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 05-CF-322, to April 8, 2007, no oppo.
01/18/2007 On consideration of appellant Keith Thomas' unopposed motion for an extension of time within which to file the brief and the limited appendix, and the unopposed motion of appellant Ron D. Herndon for an extension of time within which to file the brief and the limited apendix, it is ORDERED that the motion of appellant Keith Thomas is granted and the brief and the limited appendix shall be filed on or before April 9, 2007. No further requests for extensions of time will be granted absent a showing of good cause. ( M O R E )
01/18/2007ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the limited appendix of Ron D. Herndon on or before April 9, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
03/23/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/9/07. (Thomas) no oppo
04/11/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 6/5/07 in 05-CF-322. no oppo
04/24/2007ORDERED that the motions are granted and appellant Keith Thomas' brief and limited appendix shall be filed on or before May 9, 2007 and appellant Ron D. Herndon's brief and limited appendix shall be filed on or before June 5, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
05/09/2007APPELLANT'S BRIEF (Thomas)
05/09/2007APPENDIX - limited (Thomas)
06/14/2007 On consideration of this court's order of April 24, 2007, granting appellant Ron D. Herndon's motion for an extension of time to file the brief and limited appendix on or before June 5, 2007, and it appearing that the brief and limited appendix have not been filed, it is ORDERED that counsel for appellant Ron D. Herndon shall within 20 days from the date of this order, submit the brief and limited appendix, accompanied by a motion for leave to file the documents out of time. The motion shall set forth good cause for the failure either to timely file the documents or to request an extension of time within which to do so. (GP)
07/05/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/30/07 no oppo (Herndon)
07/13/2007 On consideration of appellant Ron D. Herndon's unopposed motion for an extension of time w/in which to file the brief and the limited appendix, it is ORDERED that the motion is granted and appellant Ron D. Herndon is granted and the brief and the limited appendix shall be filed on or before August 30, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
09/04/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 9/24/07 (Herndon)
09/07/2007ORDERED that appellant Ron D. Herndon's motion is granted and the brief and limited appendix shall be filed on or before September 24, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
09/19/2007CERTIFICATE PER RULE 28 (Thomas)
09/24/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until October 29, 2007 (Herndon) (no oppo)
10/09/2007 On consideration of appellant Ron D. Herndon's unopposed motion for an extension of time within which to file the brief and the limited appendix, it is ORDERED that the motion is granted and appellant Ron D. Herndon's brief and the limited appendix shall be filed on or before October 29, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
10/30/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until November 26, 2007 (Herndon) (unopposed)
11/07/2007ORDERED that appellant Ron D. Herndons motion is granted to the extent that the appellant's brief shall be filed by November 26, 2007, or counsel shall show cause why she should not be held in contempt for failure to comply with this court's order. (ETW)
11/28/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/28/07. (Herndon) no oppo
12/14/2007ORDERED that the motion is granted and the appellant's brief and limited appendix shall be filed no later than December 28, 2007 and no further motions for extensions should be filed. (ETW)
01/07/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/15/08. no oopo (Herndon)
01/10/2008ORDERED that the motion is granted and appellant Ron D. Herndon's brief and the limited appendix shall be filed on or before January 15, 2008. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
01/18/2008APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF (no oppo)
01/18/2008RECEIVED - appellant's brief
01/18/2008RECEIVED - appendix (attached to brief)
01/24/2008 On consideration of appellant's Ron Herndon's unopposed motion for leave to late file the lodged brief and limited appendix, it is ORDERED that appellant Herndon's motion is granted and the lodged brief and limited appendix are filed. It is FURTHER ORDERED that the brief of appellee_shall be filed with this court on or before February 22, 2008. (GP)
01/24/2008APPELLANT'S BRIEF/appdx attached to brief(HERNDON)
02/15/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until receipt of transcript of pretrial hearing (Titled: Motion to Hold Briefing Schedule in Abeyance) (unopposed)
03/11/2008ORDERED that appellee shall within 20 days from the date of this order advise this court, as to all actions appellee has taken, including those taken since the date appellee filed the motion for an extension of time, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. F/O that appellee's motion for an extension of time is hereby held in abeyance pending appellee's response to this order. (ETW)
03/27/2008APPELLEE'S ANSWER/RESPONSE - to court's order 3/11/08 order regarding aple's briefing abeyance motion and notice of receipt of pretrial hearing transcripts
04/28/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF 5/28/08 no oppo
05/08/2008ORDERED that appellee's motions are granted and appellee's brief shall be filed on or before May 28, 2008. (GP)
05/28/2008APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES (unopposed)
05/28/2008RECEIVED - Appellee's Brief
05/29/2008TMC - appellee's motion for leave to file (LODGED) brief in excess pages
05/30/2008 ORDERED that appellee's MOTION IS GRANTED and the Clerk SHALL file the LODGED BRIEF of APPELLEE. It is FURTHER ORDERED that these appeals shall be scheduled for consideration before a merits panel as soon as the calendar permits. (FARDTE)
05/30/2008APPELLEE'S BRIEF
05/30/2008BRIEFS COMPLETED
06/16/2008FINAL SCREENING - REGULAR CALENDAR
06/17/2008APPELLANT'S REPLY BRIEF (Thomas)
12/08/2008RECEIVED copy of letter from aplt to atty.
12/12/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
01/06/2009CALENDAR NOTICE SENT
02/11/2009FiledACTION - Argued / Submitted
02/11/2009ARGUED before Judges Washington,Glickman,Steadman Patrick T. Hand, Esq. for Appellant Mindy A. Daniels, Esq. for Appellant Katherine M. Kelly, Esq. for Appellee
08/27/2009AFFIRMED Opinion (Washington, Glickman, Steadman) and Judgment affirming the judgments of conviction.
09/04/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 11/9/09. (Thomas) no oppo
09/08/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB for 60 days (unopposed) (Herndon)
09/14/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 9, 2009. (WH) (of Thomas)
09/14/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 9, 2009. (WH) (of Herndon)
11/09/2009APLT'S PETITION FOR REHEARING/REHEARING EN BANC (Herndon)
01/15/2010RECEIVED Appellant's Motion for an Extension of Time to Recall the Mandate... The Mandate hasn't Issued yet?
01/20/2010LETTER referring to counsel for appellant the Jan 15 pro se pleading received from appellant. (JAC)
01/28/2010ORDER DENYING APLT PETITION FOR REHEARING EN BANC (WHRZRDGLKRBRTHOB) (Judge Fisher is recused from this case.) (of Thomas)
01/28/2010ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHRZRDGLKRBRTHOBST) (Judge Fisher is recused from this case.) (of Herndon)
02/04/2010MANDATE ISSUED
02/05/2010CJA ATTORNEY'S QUALLS LETTER
06/29/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
07/15/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI in 05-CF-322
08/17/2010MOTION TO RECALL THE MANDATE (Appellant's). Denied
09/09/2010ORD DENYING MOTION TO RECALL MANDATE (WH,GL,ST)
10/07/2010NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
10/07/2010NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI