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United States Court Cases

District Of Columbia Court Of Appeals Record

ANDREW DANIELS V. UNITED STATES

Case Information: 06-CF-0265
Short Caption:ANDREW DANIELS V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:FEL4633-02Filed Date:03/09/2006

Opening Event Date:03/09/2006Case Status:Closed
Record Completed:10/30/2007Post-Decision Matter Pending:
Briefs Completed:01/21/2009
Argued/Submitted:10/20/2009
Disposition:Next Scheduled Action:
Mandate Issued:09/10/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus-AppellantPublic Defender ServiceN
James W. KleinNY
AppellantAndrew Daniels Y
Joseph A. VirgilioNY
Deborah A. PersicoYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
03/09/2006NOTICE OF APPEAL
03/24/2006 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Joseph A. Virgilio, 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)
03/24/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Joseph A. Virgilio, Esquire
04/04/2006STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
08/04/2006RECORD INDEX
08/04/2006RECORD COPIES
08/04/2006SUPPLEMENTAL RECORD - #1 (217 pgs/Swaringer) 5/24/05 proc.
08/04/2006SUPPLEMENTAL RECORD - #2 (120 pgs/Swaringer) 5/25/05 proc.
08/04/2006SUPPLEMENTAL RECORD - #3 (177 pgs/Swaringer) 5/26/05 proc.
08/04/2006SUPPLEMENTAL RECORD - #4 (386 pgs/tape) 5/31 & 6/1/05 proc.
08/04/2006SUPPLEMENTAL RECORD - #5 (73 pgs/Franklin) 6/2-3/05 proc.
10/30/2007SUPPLEMENTAL RECORD - #6 (64 pgs/Schertzer) 9/10/03 proc.
10/30/2007SUPPLEMENTAL RECORD - #7 (115 pgs/Schertzer) 9/11/03 proc.
10/30/2007SUPPLEMENTAL RECORD - #8 (10 pgs/tape) 3/3/06 proc.
10/30/2007RECORD COMPLETED
11/02/2007 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)
12/13/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to late file mot for ext of time. (no oppo)
12/13/2007RECEIVED - aplt's mot for ext of time to file brief.
12/18/2007 On consideration of appellant's unopposed motion for leave to file the lodged motion for an extension of time within which to file the brief and limited appendix, it is ORDERED that appellant's motion for leave is granted and the lodged appellant's motion for an extension of time within which to file the brief and limited appendix is filed. It is FURTHER ORDERED that appellant's motion for an extension of time is granted and appellant's brief and limited appendix shall be filed on or before April 15, 2008. (GP)
12/18/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF
04/09/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/21/08. no oppo
04/21/2008 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 July 21, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
07/14/2008APPELLANT'S BRIEF
07/14/2008APPENDIX
08/06/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/14/08. no oppo
08/11/2008 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 November 14, 2008. (GP)
08/25/2008AMICUS CURIAE MISCELLANEOUS PROCEDURAL MOTION to participate (PDS) and proposed briefing schd no oppo
09/04/2008ORDERED that the motion of the Public Defender Service is granted and the Clerk shall enter the appearance of the Public Dender Service as amicus curiae, on behalf of appellant. F/O that the brief of the amicus curiae shall be filed on or before October 15, 2008, and the brief of appellee shall be filed within 30 days thereafter. (ETW)
10/15/2008AMICUS CURIAE MOTION TO EXTEND TIME TO FILE BRIEF for two days (no oppo)
10/17/2008RECEIVED - supp brief for amicus curiae (PDS)
10/24/2008ORDER GRANT AC'S MOTION TO EXT TIME TO FILE BRIEF and the lodged brief of the amicus curiae(PDS) is filed. It is F/ORDERED that the brief of appellee shall be filed on or before November 21, 2008.
10/24/2008AMICUS CURIAE'S BRIEF-(PDS)
11/14/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/22/08 no oppo
11/18/2008 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 December 22, 2008. (GP)
12/22/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/21/09. no oppo
12/30/2008ORDERED that the motion is granted appellee's brief shall be filed on or before January 21, 2009. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/21/2009APPELLEE'S BRIEF
01/21/2009BRIEFS COMPLETED
01/21/2009error
03/10/2009CERTIFICATE PER RULE 28
05/13/2009FINAL SCREENING - REGULAR CALENDAR
06/29/2009 It appearing that this appeal is likely to be calendared for argument during the months of September 2009 through November 2009, it is ORDERED that counsel shall advise this court in writing by July 17, 2009 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
07/09/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
07/10/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
08/31/2009CALENDAR NOTICE SENT
09/11/2009CERTIFICATE PER RULE 28
10/07/2009APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
10/07/2009RECEIVED - aplt's reply brief.
10/07/2009APPEARANCE of pro bono counsel for oral argument, Deborah Persico.
10/19/2009ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF(Garland Pinkston, Jr.) and the lodged reply brief is filed.
10/19/2009APPELLANT'S REPLY BRIEF
10/20/2009FiledACTION - Argued / Submitted
10/20/2009ARGUED before Reid,Glickman,Kramer. Deborah A.Perscio Esq.,for appellant Andrew Daniels. Peter S.Smith Esq.,for appellee.
08/19/2010FiledAFFIRMED Opinion (Reid, Glickman, Kramer) and Judgment affirming the judgment on appeal.
09/10/2010MANDATE ISSUED
11/09/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
12/09/2010NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI