judyrecords
search tips
740 million+
United States Court Cases

District Of Columbia Court Of Appeals Record

JAMES H. NEAL V. UNITED STATES

Case Information: 96-CO-1757
Short Caption:JAMES H. NEAL V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Lead: 87-CF-1226 Consolidated:96-CO-1757, 97-CO-1325 , 97-CO-1326 , 97-CO-1327 , 97-CO-1767 , 98-CO-0129 , 98-CO-0774
Superior Court or Agency Case Number:F2069-87Filed Date:10/11/1996

Opening Event Date:10/11/1996Case Status:Closed
Record Completed:06/02/1997Post-Decision Matter Pending:
Briefs Completed:10/13/1999
Argued/Submitted:03/15/2000
Disposition:Next Scheduled Action:
Mandate Issued:10/04/2000
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJames H. Neal Y
Brian C. Plitt NN
AppelleeUnited StatesN
John R. Fisher NN
Amul R. Thapar YN

Events
Event DateStatusDescriptionResult
10/11/1996NOTICE OF APPEAL
12/04/1996APPELLANT'S DOCKETING STATEMENT (No RT ordered)
12/20/1996APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Barbara E. Sosnick, Esq.
12/20/1996ORDER: SS, that the stay entered by this court on November 6, 1992, in appeal no. 87-CF-1226, is hereby vacated. (MORE)
12/20/1996error (vvd)
12/20/1996ORDER, SUA SPONTE, CONSOLIDATING APPEALS that appeals nos. 87-CF-1226 and 96-CO-1757 are consolidated for all purposes herein. FO that Barbara E. Sosnick, Esquire, is appointed to represent appellant in appeal no. 96-CO-1757. FO that counsel for appellant shall, within 15 days from the date of this order, file the docketing statement in appeal no. 96-CO-1757. (By: AMW)
12/30/1996appellant's STATEMENT to the court regarding appeal and motion to stay appeal no. 87 CF 1226
03/13/1997ORDER: Sua sponte, that this court's order of December 20, 1996, is vacated to the extent that the stay of appeal no. 87-CF-1226 is vacated. (MORE)
03/13/1997ORDER GRANTING APPELLANT RENEWED MOTION FOR STAY is granted, and these appeals are hereby stayed pending further order of this court. If the motion in the 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. US, 559 A.2d 1321, 1322 (D.C. 1989). FO that, while the motion is pending in the trial court, counsel for appellant shall advise this court every 3 months, with the first such report due on July 1, 1997, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. (By: AMW)
06/02/1997RECORD ON APPEAL for James H. Neal in 96 CO 1757
06/02/1997RECORD COMPLETED
08/14/1997ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the status 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 court shall result in counsel's appointment being vacated. (By: AMW)
09/09/1997Error
09/09/1997PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
09/09/1997ORDER: ss, that the stay entered by this court on March 13, 1997, in appeals nos. 87-CF-1226 and 96-CO-1757 is hereby vacated. FF, ss, that appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327 are consolidated with previously consolidated appeals nos. 87-CF-1226 and 97-CO-1757 for all purposes herein. FO that Barbara E. Sosnick, Esquire, is appointed to represent appellant in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327 herein. FO that counsel for appellant shall, within 10 days from the date of this order, file the docketing statements in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327.
10/08/1997ORDER: Counsel for appellant shall, within 10 days from the date of this order, file the docketing statements in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327, accompanied by a motion for leave to file the docketing statements out of time. The motion should set forth good cause for the failure either to timely file the docketing statements 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. (By: GP)
10/20/1997RECORD ON APPEAL - for all cases (97-CO-1325, 97-CO-1326 & 97-CO-1327) ee
12/09/1997ORDER, ss, that 97-CO-1767 is consolidated with previously filed appeals nos. 87-CF-1226, 96-CO-1757, 97-CO-1325, 97-CO-1326 and 97-CO-1327 for all purposes herein. Barbara E. Sosnick, is appointed to represent appellant in appeal no. 97-CO-1767 for all purposes herein. FO that newly-appointed counsel shall, within 10 days from the date of this order file the docketing statement in appeal no. 97-CO-1767. FO that counsel for appellant shall, within 10 days from the this order, file the docketing statement in appeals nos. 97-CO-1325, 97-CO-1326 and 97-co-1327, accompanied by a motion for leave to file the docketing statements out of time. The motion should set forth good cause for the failure either to timely file the docketing statements or to request an extension of time within which to do so. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
12/19/1997RECORD ON APPEAL
01/21/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS no oppo
01/21/1998RECEIVED- aplt's docketing statement for 97 co 1767
01/27/1998ORDER: Grant motion of appellant for leave to file the docketing statement, and the lodged docketing statement is hereby filed in appeal no. 97-CO-1767. FO that counsel for appellant shall, within 10 days from the date of this order, file the docketing statements in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327, accompanied by a motion for leave to file the docketing statements out of time . The motion should set forth good cause for the failure either to timely file the docketing statements 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. (By: GP)
01/27/1998APPELLANT'S DOCKETING STATEMENT in appeal no. 97-CO-1767.
02/04/1998LETTER referring to counsel the letter received from appellant re attorney. (JAC)
02/11/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS
02/11/1998RECEIVED - ADS (for appeals nos. 97CO1325, 97CO1326 and 97CO1327) (vvd)
02/19/1998SUPPLEMENTAL RECORD - #6 (62 pgs/Williams) 9/8/97 proc.
02/20/1998ORDER: Grant motion of appellant for leave to file the docketing statement, and the lodged docketing statement in appeals nos. 97-CO-1325, 97-CO-1326 and 97-CO-1327 is filed. (By: GP)
02/20/1998APPELLANT'S DOCKETING STATEMENT in appeals nos. 97-CO-1325, 97-CO-1326 & 97-CO-1327.
03/02/1998ORDER: The brief of appellant_ 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. (By: GP)
03/27/1998ORDERED, sua sponte, that appeal no. 98-CO-129 is consolidated with appeals nos. 87-CF-1226, 96-CO1757, 97-CO-1325, 97-CO-1326, 97-CO-1327, 97-CO-1767 for al purposes herein. It is F/O, sua sponte, that this court's order of March 2, 1998, in appeals nos. 87-CF-1226, 96-CO-1757, 97-CO-1325, 97-CO-1326, 97-CO-1327, 97-CO-1767 is hereby vacated. It is F/O that Barbara E. Sosnick, Esquire is hereby appointed in appeal no. 98-CO-129 to represent appellant herein, it is F/O that counsel, shall in appeal no. 98-CO-129, within 10 days from the date of this order, file the docketing statement. (BY: AMW)
04/09/1998ORDERED that counsel for appellant shall, within 15 days from the date of this order, file docketing statement in appeal no. 98-CO-129, 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 may result in counsel's appointment being vacated. (BY: GP)
04/20/1998LETTER from aplt pro se seeking appointment of an amicus brief on his behalf.
04/23/1998LETTER referring to counsel the letter received from appellant on April 20, seeking appointment of amicus brief on his behalf. (JAC)
04/27/1998LETTER - from aplt (Neal) asking court to appoint new law firm that has a pro bono clinic) (duplicate of April 20, 1998 letter)
05/05/1998LETTER referring to counsel the letter received from appellant regarding briefing schedule. (JAC)
05/19/1998ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the docketing statement in appeal no. 98-CO-129, 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 shall result in counsel's appointment being vacated. (By: AMW)
06/26/1998ORDER, SUA SPONTE, CONSOLIDATING APPEAL No. 98-CO-774 with 87-CF-1226, 96-CO-1757, 97-CO-1325, 97-CO-1326 and 97-CO-1327 for all purposes herein. It is FURTHER ORDERED that counsel for appellant in 98-CO-129 shall, within 15 days from 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 t odo so. Failure to comply with this order shall result in counsel's appointment being vacated. It is FUTHER ORDERED that counsel for appellant in 98-CO-774 shall, within 10 days from the date of this order, file the docketing statement. (By: AMW)
06/30/1998RECORD ON APPEAL (98CO129)
07/22/1998LETTER referring to counsel the July 16, 1998, pro se letter from appellant requesting return to the Lorton facility. (JAC)
07/30/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS
07/30/1998RECEIVED - Aplt's docketing statement
07/31/1998RECORD ON APPEAL (98 co 774)
08/05/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS in 98-CO-774
08/05/1998RECEIVED - aplt's docketing statement in 98-CO-774
08/06/1998ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS, and the lodged docketing statements are filed. It is F/O that the brief of appellant shall be filed within 40 days from the date of this order, and the brief of appellee shall be filed within 30 days thereafter. (BY: GPJ)
08/06/1998APPELLANT'S DOCKETING STATEMENT (98-CO-129)
08/06/1998APPELLANT'S DOCKETING STATEMENT (98-CO-774)
09/15/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Neal) for 30 days no oppo
09/17/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellant shall be filed on or before October 16, 1998. (BY: GPJ)
11/03/1998ORDER: Counsel for appellant 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. (By: GP)
12/01/1998LETTER from aplt requesting new counsel
12/02/1998LETTER referring to counsel for appellant the Dec 1 pro se letter received from appellant. (JAC)
12/07/1998ORDER: Counsel for appellant 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 shallrsllt in counsel's appointment being vacated. (By: AMW) sw
12/22/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 30 days
01/07/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief appellant shall be filed on or before Jan. 22, 1999. (BY: GP) sw
02/04/1999LETTER of appellant forwarded to counsel/response requested 20 days. (JAC)
02/04/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no opop for 30 days
02/25/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellant shall be filed w/in 30 days from the date of this order. No further extensions of time will be granted absent a showing of good cause. Failure to comply with this order may result in counsel's app'mt being vacated. (By: GP) sw
03/04/1999LETTER to counsel for appellant indicating that no response has been received to this court's letter of Feb. 4, 1999, and directing a response within 20 days. (JAC)
03/04/1999LETTER to counsel for appellant indicating that no response has been received to this court's letter of Feb. 4, 1999, and directing a response within 20 days. (JAC)
03/12/1999LETTER from appellant regarding ineffective assistance of counsel.
03/17/1999LETTER referring to counsel for appellant the March 12 pro se letter from appellant. (JAC)
04/06/1999ORDER: Counsel for appellant 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. (By: GP)
04/28/1999Miscellaneous Docket Entry
04/28/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days. (unopposed)
05/17/1999 On consideration of the unopposed motion of appellant for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and the brief of appelllant shall be filed on or before May 21, 1999. No further requests for extensions of time will be granted absent extraordinary circumstances. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
05/24/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo for 30 days
05/28/1999 On consideration of the motion of appellant_ for an extension of time within which to file the brief, and there appearing to be no opposition thereto, it is ORDERED that the motion is granted, and the brief of appelllant shall be filed on or before June 21, 1999. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
06/01/1999RECEIVED letter from appellant regarding status of case.
06/03/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10 days
06/09/1999LETTER to appellant in response to his letter received on June 1, 1999, re status of case. (JAC)
06/28/1999 On consideration of the unopposed motion of appellant for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before July 1, 1999. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall result in consel's appointment being vacated. (By: AMW)
06/29/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
07/13/1999RECEIVED - appellant's brief.
08/04/1999ORDERED that the motion is granted, and the brief of appellant is filed. F/O that Barbara Sosnick, Esquire is hereby appointed to represent appellant in appeal no. 98-CO-774 nunc pro tunc to June 26, 1998. F/O that the brief of appellee shall be filed on or before August 17, 1999. (BY: AMW)
08/04/1999APPELLANT'S BRIEF
08/09/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF 9/30/99
09/03/1999RECEIVED -aplt's oppo to mot for ext of time to file brief. (Oppo was late; due date was 8/23/99) (vvd)
09/20/1999RECEIVED - appellant's pro se motion for leave to late file an opposition to appellee's motion for an extension of time. (vvd)
09/20/1999RECEIVED - aplt's oppo to mot for ext of time to file brief
09/29/1999RECEIVED - aple's brief
09/29/1999APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
10/13/1999ORD GRANT APLE MO FOR LV TO SUPPLEMENT THE RECORD and the Clerk of the Superior Court shall prepare and transmit the item(s) specified in appellee's motion to this court as a supplemental record forthwith. (MORE)
10/13/1999 On consideration of the motion of appellee_ for an extension of time within which to file the brief is granted to the extent that the Clerk shallk file the lodged brief of appellee. FO that these appeals shall be scheduled for consideration before a merits division as soon as the calendar permits. (By: AMW)
10/13/1999APPELLEE'S BRIEF
10/13/1999BRIEFS COMPLETED
10/19/1999SUPPLEMENTAL RECORD - #7 (exhibits w/video tape)
10/27/1999FINAL SCREENING - REGULAR CALENDAR
10/29/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
02/04/2000CALENDAR NOTICE SENT
03/07/2000APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
03/07/2000RECEIVED - aplt's reply brief
03/07/2000APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
03/15/2000FiledACTION - Argued / Submitted
03/15/2000ARGUED (WG,WS,FE) Barbara E. Sosnick, Esq., for appellant. Amul Thapar, Esq., for appellee.
03/20/2000ORDER DENY APLT MO FOR LV TO SUPPLEMENT THE RECORD ( MORE)
03/20/2000ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief is filed. (WAWHFFE)
03/20/2000APPELLANT'S REPLY BRIEF
04/28/2000AFFIRMED MOJ (WG,WS,FE)
05/10/2000APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB no oppo 30 days
05/18/2000ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB within 30 days from the date of this order. (WA)
06/23/2000ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before July 3, 2000. (WA)
07/03/2000APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for leave tp exceed page limit for petition for rehearing en banc no oppo
07/03/2000RECEIVED - aplt's petition for rehearing or suggestion for rehearing en banc
08/31/2000APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for leave of court to file motions
09/14/2000LETTER referring to counsel for appellant the Aug. 31 pro se motion from appellant. (JAC)
09/26/2000APLT'S PETITION FOR REHEARING/REHEARING EN BANC
09/26/2000ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC and grant appellant's motion to exceed page limit for petition and the Clerk is directed to file the lodged petition. (EB)
10/04/2000MANDATE ISSUED
11/27/2000APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to appt new counsel and to extend the mandate.
11/28/2000On consideration of appellant's motion to appoint new counsel and to extend the mandate to file a petition for writ of certiorari in the Supreme Court of the United States, and it appearing that the mandate was issued on October 4, 2000, it is ORDERED that the moiton is granted to the extent that Brian C. Plitt, Esquire, is hereby appointed to file such motion or petition for which there may be reasonable grounds. (AMW)
11/28/2000APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Brian C. Plitt, Esquire
01/05/2001NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
02/02/2001NOTICE RECEIVED - from aplt's attorney filing of petition for certiorari