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United States Court Cases

District Of Columbia Court Of Appeals Record

GREGORY D. EPPS V. UNITED STATES

Case Information: 03-CF-0173
Short Caption:GREGORY D. EPPS V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead: 02-CF-1379 Consolidated: 02-CF-1465 , 03-CF-0173, 05-CO-0191
Superior Court or Agency Case Number:FEL252-01Filed Date:02/04/2003

Opening Event Date:02/04/2003Case Status:Closed
Record Completed:06/27/2003Post-Decision Matter Pending:
Briefs Completed:01/10/2007
Argued/Submitted:12/16/2009
Disposition:Next Scheduled Action:
Mandate Issued:08/26/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantGregory D. Epps Y
Kenneth H. RosenauYN
Moses CookNN
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
02/04/2003NOTICE OF APPEAL (dwm)
03/25/2003SUPPLEMENTAL RECORD - #1 (34 pgs/Graybill) 3/6/02 proc.
04/02/2003ORDERED, sua sponte, that appeal no. 03-CF-173 is consolidated with previously consolidated appeals nos. 02-CF-1379 and 02-CF-1465 for all purposes herein. F/O that James W. Klein, Esquire, is hereby appointed to represent appellant in appeal no. 03-CF-173 herein. F/O that appellant shall file the docketing statement in appeal no. 03-CF-173 within 10 days from the date of this order. F/O that the Clerk of the Superior Court shall prepare and transmit the record on appeal in appeal no. 03-CF-173 to this court forthwith. (AMW)
04/11/2003STATEMENT of aplt (Epps) re rt's.
04/11/2003APPELLANT'S DOCKETING STATEMENT (Epps)
04/15/2003RECORD ON APPEAL in 03-CF-173
04/21/2003SUPPLEMENTAL RECORD # 4 (94 pgs--Salazar) 3/14/02 proc.
05/02/2003SUPPLEMENTAL RECORD - #5 (58pgs/Tape) 6/27/02 proc.
06/09/2003SUPPLEMENTAL RECORD #6 (159 pgs -- Van Bremen & Simon) (7/11/02 proceedings)
06/09/2003SUPPLEMENTAL RECORD #7 (pgs 160 thru 438 -- Calhoun & Foster) (7/15/02 proceedings)
06/09/2003SUPPLEMENTAL RECORD #8 (pgs 439 thru 728 -- Van Bremen & Simon) (7/16/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #9 (pgs 729 thru 949 -- Van Bremen & Sargent-Burns) (7/22/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #10 (pgs 950 thru 1220 -- Foster & Watson) (7/23/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #11 (pgs 1221 thru 1444 -- Calhoun & Van Bremen) (7/24/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #12 (pgs 1445 thru 1674 -- Sargent-Burns & Van Bremen) (7/29/02 proceedings)
06/09/2003SUPPLEMENTAL RECORD #13 (pgs 1675 thru 1960 -- Calhoun & Watson) (7/30/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #14 (pgs 1961 thru 2137 -- Van Bremen & Foster) (7/31/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #15 (pgs 2138 thru 2303 -- Foster & Sargent-Burns) (8/1/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #16 (pgs 2304 thru 2526 -- Calhoun & Sargent Burns) ( 8/2/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #17 (pgs 2527 thru 2777 -- Sargent-Burns & Calhoun) (8/7/02 proceeding)
06/09/2003SUPPLEMENTAL RECORD #18 (pgs 2778 thru 3177 -- Calhoun & Watson) (8/8/02 & 8/9/02 proceedings)
06/09/2003SUPPLEMENTAL RECORD #19 (pgs 3178 thru 3394 -- Calhoun) (8/12 thru 8/14/02 proceedings)
06/17/2003SUPPLEMENTAL RECORD # 20 (23 pgs--Pirfo) 3/4/02 proc.
06/19/2003SUPPLEMENTAL RECORD #21 (136 pgs -- Jones) 6/26/02 proc.
06/19/2003SUPPLEMENTAL RECORD #22 (18 pgs -- Tape) 1/17/03 proc.
06/19/2003SUPPLEMENTAL RECORD #23 (142 pgs -- Kaczorowski) 6/7/02 proc.
06/20/2003 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the briefs of appellants shall be filed within 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. (GP)
06/27/2003RECORD COMPLETED
06/27/2003SUPPLEMENTAL RECORD #24 (18 pgs. -- Tape) (1/17/03 proc.)
07/14/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Griffith D. Smith)
07/29/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/28/03 in 02-Cf-1379. (James Dowtin (pii))
07/30/2003error
08/07/2003 On consideration of the motion of appellant_ Griffith D. Smith for an extension of time within which to file the brief, and no opposition having been filed, and the unopposed motion of James Dowtin for an extension of time within which to file the brief, it is ORDERED that the motion of appellant Griffith D. Smith is granted to the extent that the brief of appellant shall be filed on or before August 29, 2003. It is FURTHER ORDERED that the motion of appellant James W. Dowtin is granted, and the brief of appellant shall be filed on or before October 28, 2003. It is FURTHER ORDERED that counsel for appellant Gregory D. Epps shall, within 15 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (JJ)
08/11/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Epps) pending completion of rt's. (no oppo-dwm) (titled as: mot to vacate briefing schd)
08/22/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for Griffin D. Smith (titled Motion to Vacate Briefing Schedule) unopposed
08/22/2003MOTION(S) FEE PAID
08/29/2003ORDERED that the motions are granted to the extent that the briefs of appellants Griffith D. Smith and Gregory D. Epps shall be filed within 40 days from the date of this order. F/O that the brief of appelalnt James W. Dowtin remains due on or before October 28, 2003. (GP)
10/07/2003APPELLANT'S MOTION FOR STAY pending 23-110 (Smith) (copy of the motion filed in the trial court attached.)
10/07/2003MOTION(S) FEE PAID
10/08/2003COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Epps) Granted
10/24/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until record has been supp. no oppo
11/19/2003ORDER: Grant the motion of counsel for appellant Gregory D. Epps to withdraw, and the appointment of James W. Klein, Esquire, is hereby vacated, and W. Douglas Wham, Esquire, is appointed to represent Epps herein. James W. Klein, Esquire, shall transmit all documents pertaining to newly-appointed counsel forthwith. ( M O R E)
11/19/2003ORDER: Grant appellant Griffith D. Smith motion to stay, and these appeals are hereby stayed pending further order of this court. If the motion in he trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). F/O that the motion, while the motion is pending in the trial court, counsel for appellant Griffith D. Smith shall advise this court every 3 months, with the first such report due on February 1, 2004, as to the status of the proceedings in the rial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. F/O that counsel for appellant James Dowtin shall, within 20 days from the date of this order, advise this court of all actions counsel has taken,including those taken since the date counsel filed the motion for an extension of time to file the brief, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. F/O that the motion of appellant Dowtin for an extension of time is hereby held in abeyance pending appellant's response to this order. (AMW)
11/19/2003CASE STAYED
11/20/2003APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) W. Douglas Wham, Esquire
12/02/2003APPELLANT'S ANSWER/RESPONSE to 11/19/03 order.
12/22/2003ORDER: On consideration of this court's order of November 19, 2003, which held in abeyance the motion of appellant James Dowtin for an extension of time to file the brief pending appellant's response to the order, and the response of appellant James Dowtin, it is ORDERED that counsel for appellant James Dowtin shall, within 30 days from the date of this order, advise this court as to the steps taken to obtain the missing transcript. F/O that the motion of appellant Dowtin for an extension of time to file the brief remains in abeyance pending appellant's response to this order. (GP)
01/23/2004APPELLANT'S MOTION FOR LV TO FILE ANSWER/RESPONSE no oppo
01/23/2004RECEIVED - aplt's response to Court's order of 12/22/03.
02/04/2004ORDERED, sua sponte, that the stay entered by this court on November 19, 2003, is hereby vacated. It is (More)
02/04/2004PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
02/04/2004F/ORDERED that the motion of appellant James W. Dowtin for leave to file the lodged response is granted, and the Clerk shall file the lodged response. It is (MORE)
02/04/2004APPELLANT'S ANSWER/RESPONSE (DOWTIN)
02/04/2004F/ORDERED, sua sponte, that appeal no. 03-CO-1472 is hereby consolidated with previously consolidated appeals nos. 02-CF-1379, 02-CF-1465, and 03-CF-173 for all purposed herein. It is F/ORDERED that counsel for appellant Griffith D. Smith shall file the docketing statement in appeal no. 03-CO-1472 within 10 days from the date of this order. It is (MORE)
02/04/2004F/ORDERED that the Clerk of the Superior Court shall prepare and transmit the record on appeal in appeal no. 03-CO-1472 without fee. It is (MORE)
02/04/2004F/ORDERED that the motion of appellant James W. Dowtin for an extension of time to file the brief is granted to the extent that the brief of Dowtin shall be filed within 40 days from the date of this order. It is F/ORDERED that that the brief of appellant Gregory D. Epps shall be filed within 40 days from the date of this order. It is F/ORDERED that the consolidated brief of appellant Griffith D. Smith shall be filed within 40 days from the date the record on appeal in appeal no. 03-CO-1472 is filed with this court. (AMW)
02/17/2004APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 4, 2004 (no oppo) (Dowtin)
03/03/2004RECORD ON APPEAL in 03-CO-1472
03/15/2004APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until June 15, 2004 (no oppo) (Epps)
03/17/2004 ORDERED that the motion of appellant Gregory D. Epps is granted, and the brief of appellant Epps shall be filed on or before June 15, 2004. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. ( M O R E)
03/17/2004 F/ORDERED that the motion of appellant James Dowtin is granted, and the brief of appellant Dowtin shall be filed on or before August 4, 2004. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. F/ORDERED that counsel for appellant Griffitho days form the date of this order, file the docketing statement, accompanied by a motion for leave to file the docketing statement out of time. The motion should set forth good cause for the failure either to timely file the docketing statement or to request an extension of time within which to do so. Failure to comply with this order might result in counsel's appointment being vacated. F/O that the consolidated brief of appellant Griffith D. Smith shall be filed within 40 days form the date of this order. (GP)
03/25/2004APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to consolidate mot filed and decided in the trial court with case presently pending before this court. (Smith)
03/25/2004APPELLANT'S MOTION FOR LEAVE TO FILE DS (Smith)
03/25/2004RECEIVED - aplt's docketing statement (Smith)
04/30/2004APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for Griffith Smith
05/03/2004RECEIVED - aplt's brief for Griffin Smith.
05/18/2004ORDERED that the motion of appellant Griffith D. Smith to file the docketing statement is granted, and the Clerk shall file the lodged docketing statement in appeal no. 03-CO-1472. F/O that the motion of appellant Griffith D. Smith to consolidate is denied as moot. F/O that the motion of appellant Griffith D. Smith for an extension of time to file the brief is granted, and the Clerk shall file the lodged brief of appellant Griffith D. Smith. F/O that the brief of appellant Gregory D. Epps remains due on or before June 15, 2004. F/O that the brief of appellant James W. Dowtin remains due on or before August 4, 2004. (AMW)
05/18/2004APPELLANT'S DOCKETING STATEMENT in appeal no. 03-CO-1472.
05/18/2004APPELLANT'S BRIEF for Griffith D. Smith
06/15/2004APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF pending receipt of transcript and resolution of trial court motion filed pursuant to D.C. Code Sec. 23-110 (no oppo) (for Epps) dwm
07/15/2004APPELLANT'S MOTION FOR STAY and place this mot under seal. (Dowtin) (no oppo) (Note: SEALED PER THIS COURT'S 7/16/04 ORD)
07/16/2004TMC - Aplt's motion for stay proceedings under seal
07/16/2004ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to seal, and the Clerk shall file the motion to stay proceedings under seal.. *** MORE ***
07/16/2004ORDER GRANTING APPELLANT MOTION FOR STAY of Dowtin and Epps and these consolidated appeals are hereby stayed. Counsel for each appellant shall file a status report with this court every 90 days, the first to be filed no later than September 1, 2004. (by: RDWSNE)
08/27/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Epps) (Still pending (pii))
09/01/2004SUPPLEMENTAL RECORD - #25 (269 pgs/Van Bremen) 7/10/02 proc.
12/01/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Epps) (still pending)
03/01/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION Epps (motion to use Jury Panel Roster to contact jurors denied, NOA filed of that denial. 23-110 motion to be filed soon (pii))
03/16/2005CHANGE OF ADDRESS RECEIVED (03-cf-173, Douglas Wham)
03/25/2005PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
03/25/2005ORDERED, sua sponte, that the stay entered by this court on July 16, 2004, in appeal nos. 02-CF-1379 & 03-CF-173, is hereby vacated. F/O, sua sponte, that appeal no. 05-CO-191 is consolidated with previously consolidated appeals nos. 02-CF-1379, 02-CF-1465, 03-CF-173 and 03-CO-1472 for all purposes. F/O that W. Douglas Wham, Esquire, is hereby appointed to represent appellant in appeal no. 05-CO-191. F/O that the Clerk of the Superior Court shall prepare and transmit the record index and record copies in appeal no. 05-CO-191 to this court forthwith. (AMW)
03/31/2005RECORD COPIES in 05-CO-191.
03/31/2005RECORD INDEX in 05-CO-191.
04/07/2005 It appearing that the complete record on appeals have been filed with this court, it is ORDERED that the briefs of appellants Dowtin and Epps 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)
04/25/2005RECEIVED a pro letter from appellant asking for appointment of new counsel. (received by CJ Wagner's chamber)
05/06/2005COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Epps) Granted
05/13/2005ORDERED that the motion of counsel for appellant Gregory D. Epps is granted, and the appointment of W. Douglas Wham, Esquire, is hereby vacated, and Kenneth H. Rosenau, Esquire, is appointed to represent appellant Gregory D. Epps herein. W. Douglas Wham, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that appellant Gregory D. Epps's brief shall be filed within 40 days from the date of this order, and appellee's consolidated brief shall be filed within 30 days thereafter. See D.C. App.R.31. (AMW)
05/13/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth H. Rosenau, Esquire
05/17/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/28/05. (Dowtin) no oppo
05/25/2005 On consideration of appellant James W. Dowtin's unopposed motin for an extension of time within which to file the brief, it is ORDERED that the motion is granted and the brief of appellant James W. Dowtin shall be filed on or before July 28, 2005. Any further request forextensions of time will be looked upon with disfavor and granted only upon a showing of good cause. It is FURTHER ORDERED that the brief of appellant Gregory D. Epps remains due on or before June 22, 2005. (GP)
05/31/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until July 28, 2005 (no oppo) (Epps)
06/09/2005 On consideration of appellant Gregory D. Epps' motion for an extension of time within which to file the brief, to which no oppositon has been filed, it is ORDERED that the motion is granted and appellant Gregory D. Epps' brief shall be filed on or before July 25, 2005. (GP)
07/21/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Dowtin) to 1/7/06. no oppo
07/26/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Epps) to 40 days no oppo
08/01/2005 On consideration of appellant's Gregory Epps and James Dowtin's unopposed motions for extensions of time within which to file their briefs, it is ORDERED that the motions are granted and appellant Gregory Epps' brief shall be filed on or before September 6, 2005 and appellant James Dowtin's brief shall be filed on or before January 7, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
09/07/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/5/05 in 05-CO-191. no oppo
09/13/2005 On consideration of appellant Gregory D. Epps 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 Gregory D. Epps' brief shall be filed on or before October 5, 2005. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
10/24/2005 On consideration of this court's order of September 13, 2005, granting appellant Gregory D. Epps motion for an extension of time to file the brief on or before October 5, 2005, and it appearing that the brief has not been filed, it is ORDERED that counsel for appellant Gregory D. Epps shall, within 15 days from the date of this order, submit the brief, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. (ETW)
11/22/2005RECEIVED courtesy copy of Notice of Filing by appellant, in Superior Court requesting transcripts.
01/09/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 4/11/06. no oppo (James Dowtin (pii))
01/19/2006ORDERED that appellant James Dowtin's motion is granted and appellant James Dowtin's brief shall be filed on or before April 11, 2006. no further requests for extensions of time will be granted absent a showing of good cause. F/O that counsel for appellant Gregory Epps shall within 15 days from the date of this order submit the brief, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. (ETW)
02/06/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 26, 2006 (no oppo) (Epps)
02/13/2006COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Dowtin) Granted
02/24/2006RECEIVED pro se letter from appellant, Gregory D. Epps, requesting that court-appointed counsel be removed from his appeal due to indifferences and communication issues.
02/28/2006LETTER referring to counsel for appellant the Feb. 24 pro se letter from appellant (Epps) and directing counsel to respond within 20 days. (JAC)
03/02/2006APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF no oppo (Epps)
03/02/2006RECEIVED - aplt's brief (Epps)
03/09/2006ORDERED that the motion of counsel for appellant James W. Dowtin is granted and the appointment of Thomas D. Engle, Esquire, is hereby vacate, and Joanne M. Vasco, Esquire, is appointed to represent appellant James W. Dowtin herein. Thomas D. Engle, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that appellant James W. Dowtin's brief shall be filed within 40 days from the date of this order, and appellee's consolidated brief shall be filed within 30 days thereafter. See d.c. App. R. 31. F/O that appellant Gregory D. Epps' motions are granted and the Clerk shall file the brief of appellant Gregory D. Epps. (ETW)
03/09/2006APPELLANT'S BRIEF (Gregory D. Epps')
03/23/2006RECEIVED letter from counsel for appellant which was forwarded to appellant with regard to the letter received from appellant on Feb. 24.
04/14/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 80 days. (Dowtin) w/mot for transcript no oppo
05/04/2006CHANGE OF ADDRESS RECEIVED from appellant: Gregory D. Epps #70012-007 U.S.P. Coleman 2 P.O.B. 1034 Coleman, FL 33521-0879
05/05/2006 On consideration of appellant James W. Dowtin's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellant James W. Dowtin's brief shall be filed on or before July 7, 2006. (GP) elp
07/05/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 80 days (Dowtin)
07/12/2006 On consideration of appellant James W. Dowtin's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellant James W. Dowtin's brief shall be filed on or before September 25, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
09/25/2006APPELLANT'S BRIEF (Dowtin)
09/25/2006APPENDIX- aplt (Dowtin)
10/25/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 12/14/06
10/31/2006 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 14, 2006. (GP)
12/13/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until January 5, 2007 (no oppo)
12/18/2006RECEIVED pro se letter from Appellant requesting appointment of new counsel (Epps)
12/19/2006LETTER referring to counsel for appellant the Dec. 18 pro se motion of appellant for apptmt of counsel or to file supplemental brief. (of Epps) (JAC)
12/19/2006 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 5, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/04/2007COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS in 03-CF-173 & 05-CO-191 Denied
01/05/2007APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES no oppo
01/05/2007RECEIVED - aple's brief.
01/08/2007TMC - motion to withdraw (03-CF-173) - appellee's motion to exceed page limitation (ALL)
01/10/2007 ORDERED that the MOTION FOR LEAVE TO WITHDRAW as appellant's counsel in appeals nos. 03-CF-173 & 05-CO-191 IS DENIED and appellant is directed to cooperate with counsel as no new counsel shall be appointed. It is *****MORE*****
01/10/2007ORD GRT APLE MO FOR LV TO FL BRF IN EXCESS OF PGS and the Clerk SHALL FILE the LODGED brief of appellee. It is *****MORE*****
01/10/2007 FURTHER ORDERED that the reply briefs of the appellants, if any, shall be filed within 21 days from the date of this order. D.C. App. R. 31 (a)(1). (KR*THPR) *Associate J. Thompson would grant the motion to withdraw in appeals nos. 03-CF-173 & 05-CO-191
01/10/2007APPELLEE'S BRIEF
01/10/2007BRIEFS COMPLETED
01/30/2007APPELLANT'S REPLY BRIEF (Dowtin)
03/30/2007FINAL SCREENING - REGULAR CALENDAR
04/09/2007 It appearing that this appeal is likely to be calendared for argument during the months of June 2007 or September 2007, it is ORDERED that counsel shall advise this court in writing by April 23, 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
04/17/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Rosenau)
04/19/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
04/23/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
06/06/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
07/30/2007CALENDAR NOTICE SENT
08/24/2007RECEIVED pro se letter from appellant complaining about counsel
08/28/2007LETTER referring to counsel for appellant the Aug. 24 pro se letter from appellant. (JAC)
09/06/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to exceed argument time
09/06/2007CERTIFICATE PER RULE 28
09/10/2007On consideration of appellant's unopposed moton for additional time for oral argument, it is ORDERED that the motion for additional time is granted to the extent that each counsel for appellants shall be allowed twenty (20) minutes for oral argument. (RZ,TH,KG)
09/11/2007ARGUED Before Ruiz,Thompson,King Gene R.Johnson for Griffith D.Smith Appellant Esq.Kenneth H.Rosenau for Gregory Epps Appellant Esq. Joanne M.Vasco for James W.Dowtin Appellant Esq. John P.Gidez for Appellee The United States Esq.
09/27/2007ORDER that the records in case nos. 02-CF-1379, 02-CF-1465, 03-CO-1472, 03-CF-173, and 05-CO-191 are remanded for an evidentiary hearing on Dowtin's claim that police obtained his video- taped statements in violation of Miranda and to determine whether the admission of Dowtin's statement was harmless beyond a reasonable doubt as to Dowtin, Smith and Epps. (RZ,TH,KG)
04/17/2008ORDER - On consideration of this court's order of September 27, 2007, which remanded the records in the above cases for an evidentiary hearing on appellant Dowtin's claim that police obtained his video-taped statements in violation of Miranda and to determine whether the admission of Dowtin's statement was harmless beyond a reasonable doubt as to Dowtin, Smith and Epps, it is ORDERED that counsel for appellant Dowtin shall file a status report every 90 days as to the status of the proceedings in the trial court, withthe first such report due on May 1, 2008. Counsel for Dowtin shall advise this court in writing within 15 days after the conclusion of the proceedings in the trial court. (GP)
05/02/2008STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
09/25/2008STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (a order was issued on 7/30/08, a motion to vacate and reissue the order was filed (pii))
10/08/2008RECEIVED - addendum to status report in 02-CF-1379
10/14/2008STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Dowtin)
10/30/2008ORDER After oral argument on 9/11/07, we remanded the record and directed the trial court to address the admissibility of a videotaped stmt by Dowtin in light of a recent Supreme Court decision, Missouri V. Seibert, 542 U.S. 600 (2004), and our own decision in Ford v. U.S., 931 A.2d 1045 (D.C. 2007). In response, the trial court issued an order on 10/7/08, which is now before the court. We think, in light of the trial court's order, that supplemental briefing would be helpful. Accordingly, the parties are directed to file supplemental briefs on the issues considered by the trial court on remand. The aplts must file their briefs within 40 days of the date of this order and the aple must file its brief within 30 days after the aplts' briefs are received. Aplts' reply briefs are due 21 days after aple's brief is received. (RZ,TH,KG)
11/06/2008APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF until transcripts are received. (Dowtin) no oppo
11/06/2008RECEIVED pro se letter from Appellant Epps asking for new counsel.
11/07/2008LETTER referring to counsel for appellant the Nov. 6 pro se letter from appellant. (JAC) (for Epps)
02/02/2009SUPPLEMENTAL RECORD - #26 (183 pgs/Burr) 3/18/08 proc.
02/13/2009On consideration of the motions of appellants Dowtin and Epps for extension of time to file the supplemental briefs directed by this court's order of October 30, 2008, and it appearing that the transcript of the proceedings on remand have now been filed with this court, it is ORDERED that the motions are granted. The parties are directed to file supplemental briefs on the issues considered by the trial court on remand. Appellants must file their briefs within forty (40) days of the date of this order and appellee must file its brief within thirty (30) days after the appellants' briefs are received. Appellants' reply briefs are due twenty-one (21) days after appellee's brief is received. (RZ,TH,KG)
02/20/2009APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
02/20/2009APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for transmission of evidence no oppo
03/05/2009RECEIVED - ltr to aplt's counsel from aple re request for a copy of an exhibit.
03/09/2009APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to join co-aplt's Epps motion for transmission of evidence and supplemental brief
03/12/2009APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to join co-aplt's motion for transmission of evidence and supplemntal brief (Smith)
03/17/2009On consideration of appellant Gregory Epps' unconsented motion for transmission of evidence, it is ORDERED that the motion is granted and the Clerk of the Superior Court shall prepare and transmit the items specified in appellant's moton to this court as a supplemental record forthwith. (RZ,TH,KG)
03/27/2009On consideration of the motions of appellants Dowtin and Smith to join co-appellant Epps' motion for transmission of evidence and to adopt his supplemental brief, filed February 20, 2009, and it appearing that the motion for transmission of evidence was granted on March 17, 2009, it is ORDERED that the motions are granted. It is FURTHER ORDERED the supplemental brief of appellee shall be filed within 30 days from the date of this order. (RZ,TH,KG)
04/14/2009CERTIFICATE PER RULE 28 (Dowtin)
04/24/2009APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
06/26/2009LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (Sept-Oct)
07/09/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
07/15/2009APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for supplemental briefing (Joint)
07/22/2009On consideration of appellant James W. Dowtin's and appellee's joint motion for supplemental briefing, it is ORDERED that the motion is granted, and the supplemental brief of appellant James W. Dowtin shall be filed within 30 days of the date of this order with appellee's brief to be filed within 30 days thereafter. (RZ,TH,KG)
07/30/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Dowtin)
08/06/2009APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM (Dowtin)
08/25/2009RECEIVED pro se letter from Appellant (Epps), requesting the appointment of new counsel to assist in filing a motion on ineffective issues.
08/26/2009APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFno oppo 10/13/09
08/27/2009LETTER referring to counsel for appellant the August 25 pro se letter from appellant. (JAC)
09/10/2009On consideration of appellee's unopposed motion for extension of time within which to file appellee's brief, it is ORDERED that the motion is granted, and appellee's brief shall be filed on or before October 13, 2009. (RZ,TH,KG)
10/09/2009APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
10/13/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Appellee).
11/02/2009CALENDAR NOTICE SENT
12/16/2009FiledACTION - Argued / Submitted
12/16/2009ARGUED before Judges Ruiz, Thompson, King, Joanne M. Vasco, Esq. for Appellant Kenneth H. Rosenau, Esq. for Appellant Gene R. Johnson, Esq. for Appelant John P. Gidez, Esq. for Appellee
03/05/2010CERTIFICATE PER RULE 28 (Dowtin)\
08/05/2010AFFIRMED Opinion (Ruiz, Thompson, King) and Judgment affirming the judgments on appeal.
08/10/2010CJA ATTORNEY'S QUALLS LETTER (Dowtin)
08/26/2010MANDATE ISSUED
09/10/2010LETTER, from Appellant, requesting an extension of 90 days to file his Petition for Rehearing Rehearing En Banc. (served on 9/10/10)
09/15/2010ORDER granting appellant's request for extension of time to file pet for reh/reh en banc on or before December 9, 2010. (WH) (of Epps)
03/26/2014FiledMotion To File Excess-Paged (Epps) (Appellant)Granted
03/31/2014FiledTMC//MOTION TO FILE lodged MOTION TO RECALL MANDATE THAT EXCEEDS the PAGE LIMIT
06/09/2014FiledORDER GRANTING APPELLANT'S MOTION TO EXCEED the PATE LIMIT and F/O DENYING W/O PREJUDICE APPELLANT'S MOTION TO RECALL MANDATE...
06/09/2014FiledMotion To Recall The Mandate (Epps) (Appellant)Denied Without Prejudice
11/20/2014FiledMotion To Recall The Mandate (Appellant-Dowtin)Denied
11/24/2014FiledTMC//MOTIONS TO RECALL MANDATE
02/11/2015FiledMotion To Recall The Mandate (Pro Se) ((02CF1465))Denied
06/17/2015FiledORDER DENYING MOTION TO RECALL MANDATE (DOWTIN)
06/17/2015FiledORDER DENYING MOTION TO RECALL MANDATE (SMITH)