TROY D. BURNER V. UNITED STATES - District Of Columbia Court Of Appeals Record

Case Information: 96-CO-0710
Short Caption:	TROY D. BURNER V. UNITED STATES	Classification:	Appeals - Criminal Other - Other Criminal
Lead:	94-CF-0983	Consolidated:	94-CF-1009 , 94-CF-1014 , 94-CF-1275 , 96-CO-0569 , 96-CO-0660 , 96-CO-0710
Superior Court or Agency Case Number:	F3980-93	Filed Date:	04/11/1996

Opening Event Date:	04/11/1996	Case Status:	Closed
Record Completed:	09/11/1996	Post-Decision Matter Pending:
Briefs Completed:	07/16/1998
Argued/Submitted:	01/12/1999
Disposition:		Next Scheduled Action:
Mandate Issued:	03/12/2001
		Costs Waived

Party Information

Appellate Role

Party Name

IFP

Attorney(s)

Arguing Attorney

E-Filer

Appellant

Troy D. Burner

Susan R. Van Bell

Appellee

United States

John R. Fisher

Events
Event Date	Status	Description	Result
04/11/1996		NOTICE OF APPEAL Trial Attorney: Richard K. Gilbert Bar No.: 939884 Phone No.: (202)898-0857
07/11/1996		RECORD ON APPEAL
07/22/1996		ORDERED, sua sponte, that the stay entered by the court on September 19, 1995, is hereby vacated. It is F/O, sua sponte, that appeals nos. 96-CO-569, 96-CO-660 and 96-CO-710, are consolidated with appeals nos. 94-CF-983, 94-CF-1009, 94-CF-1014 and 94-CF-1275 for all purposes herein. It is F/O, that the motion and pro se letter filed byappellant, Louis A. McCoy, requesting the appointment of new counsel is granted, and that the appointment of William T. Morrison is vacated, and the Jeffrey T. Green, is hereby appointed to represent appellant in appeals nos. 94-CF-983 and 96-CO-660. William T. Morrison, Esquire, shall transmit all documents pertaining to these appeals to newly-appointed counsel forthwith. It is F/O that Richard K. Gilbert, Esquire, is hereby appointed to represent appellant, Troy D. Burner, in appeal no. 96-CO-710. It is F/O that the motion of counsel to withdraw in appeal no. 94-CF-1014 is granted, and the appointment of Denise D. Green, Esquire, is hereby vacated, and Peter H. Meyers, Esquire, is appointed to represent appellant, Nathaniel Harrod, in appeals nos 94-CF-1014 and 96-CO-569. Denise D. Green, Esquire, shall transmit all documents pertaining to these appeals to newly-appointed counsel forthwith. It is F/O that counsel for appellants shall file a docketing statement in appeals nos. 96-CO-569, 96-CO-660 and 96-CO-710, within 15 days from the date of this order. (BY: AMW)
07/22/1996		APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Richard K. Gilbert, Esq.
07/30/1996		APPELLANT'S DOCKETING STATEMENT for Nathaniel Harrod in 96 CO 569
08/05/1996		APPELLANT'S DOCKETING STATEMENT 96-CO-710
08/06/1996		APPELLANT'S DOCKETING STATEMENT
08/09/1996		COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (94-CF-1275)	Granted
09/11/1996		SUPPLEMENTAL RECORD - #5 (8 pgs/Burney) 5/17/93 proc.
09/11/1996		RECORD COMPLETED
10/01/1996		ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONand the appointment of M. Elizabeth Kent, Esquire, is hereby vacated, and Peter L. Goldman, Esquire, is appointed to represent appellant Francois D. Bracmort herein. M. Elizabeth Kent, Esquire shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (BY: AMW)
08/14/1997		ORDERED that the briefs of appellants McCoy, Burner and Harrod shall be filed within 40 days from the date of this order, and the consolidated brief of appellee shall be filed within 30 days thereafter. See D.C. App. R. 31. (BY: GP)
08/29/1997		LETTER - from aplt Burner in 94-CF-1009 & 96-CO-710 regarding request for new counsel.
09/05/1997		LETTER referring to counsel the letter filed by appellant on August 29, 1997, requesting new counsel. (JAC)
09/17/1997		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 94-CF-983, to 30 days
09/23/1997		COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
09/23/1997		APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to 11/15/97 in 94-CF-1275
09/23/1997		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days in 94-CF-1014 & 96-CO-569
10/22/1997		error
12/12/1997		ORDER: Grant the motion of counsel for appellant to withdraw, and the appointment of Richard K. Gilbert_, Esquire, is vacated, and Susan R. Pleasant___, Esquire, is appointed to represent appellant herein. Richard K. Gilbert__, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (more) (By: AMW)
12/12/1997		ORDERED that the motion of appellant Francois D. Bracmort is granted to the extent that the supplemental brief of appellant Francois D. Bracmort shall be filed within 30 days from the date of this order. (more)
12/12/1997		ORDERED that the motion of appellant Louis McCoy is granted, to the extent that the brief of appellant Louis McCoy shall be filed within 30 days from the date of this order.
12/12/1997		ORDERED that the motion of appellant Nathaniel Harrod is granted to the extent that the brief of appellant Nathaniel Harrod shall be filed within 30 days from the date of this order. (More)
12/12/1997		ORDER: The brief of appellant Troy D. Burner 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 App. R. 31. (By: AMW)
12/12/1997		APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Susan R. Pleasant, Esq.
01/06/1998		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to and including February 10, 1998. (unopposed) (for Nathaniel Harrod in 94 CF 1014)
01/08/1998		APPELLANT'S BRIEF (McCoy)
01/12/1998		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days in 94-CF-1009
01/12/1998		APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to 2/27/98 in 94-CF-1275
02/05/1998		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Harrod) to 4/21/98 no oppo
02/27/1998		APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF until April 15, 1998 (unopposed) (for Francois D. Bracmort in 94 CF 1275)
03/04/1998		COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS	Granted
03/11/1998		TMC - Aplt's counsel's motion to withdraw representation
03/18/1998		ORD GRANT APLT MOTION TO EXTENDS TIME TO FILE BRIEF of Nathaniel Harrod and Troy D. Burner, and these appellants shall file their briefs on or before April 21, 1998. Any further requests for extensions of time will be looked upon with disfavor a granted only upon a showing of good cause. * MORE *
03/18/1998		ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON of Francois D. Bracmort to the extent that the appointment of Peter L. Goldman, Esquire is hereby vacated and appellant Francois D. Bracmort shall proceed pro se. F/O that appellant Francois D. Bracmort shall file his pro se supplemental brief, if any, within 30 days from the date of this order. (by: TEKGPY)
03/31/1998		LETTER- aplt (Bracmort) asking court to use brief that was filed earlier in case
04/20/1998		APPELLANT'S BRIEF (Harrod)
04/21/1998		APPELLANT'S BRIEF (Burner)
05/13/1998		APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 6/25/98
05/18/1998		ORDER: Grant the motion of appellee for an extension of time, and the brief of appellee shall be filed on or before June 25, 1998___________. (By: GP)
06/25/1998		APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES no oppo
06/25/1998		RECEIVED - aple's brief
07/15/1998		APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF (McCoy) to 8/4/98 no oppo
07/15/1998		APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF no oppo to 9/20/98
07/16/1998		ORD 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)
07/16/1998		APPELLEE'S BRIEF
07/16/1998		F/ORDERED that these appeals shall be placed on the calendar for consideration before a merits division as soon as the calendar permits. (FA,RE & PR)
07/16/1998		BRIEFS COMPLETED
07/21/1998		ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF and the reply brief of appellant Troy Burner shallbe filed on or before August 20, 1998, and the reply brief of appellant Louis McCoy, Jr., shall be filed on or before August 4, 1998. (By: GP)
07/27/1998		LETTER from appellant (Francois Bracmort) re: oral argument and reply briefs.
07/27/1998		FINAL SCREENING - REGULAR CALENDAR
07/31/1998		LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
08/03/1998		APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF for (McCoy) to 8/20/98
08/07/1998		LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (appellant's)
08/11/1998		LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (USAO)
08/14/1998		APPELLANT'S REPLY BRIEF--for Bruner 94cf1009 & 96co710
08/17/1998		ORDERED that the letter filed by appellant Bracmort is construed as a motion to appoint counsel is granted to the extent that M. Elizabeth Kent, Esquire is hereby appointed for the sole purpose of preparing and filing a reply brief on behalf of appellant Bracmort and any subsequent argument of this appeal. F/O that the reply brief, if any, of appellant Bracmort shall be filed on or before October 15, 1998. * MORE *
08/17/1998		ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF and the reply brief of appellant McCoy, if any, shall be filed no later than October 20, 1998. (by: TEKGPY)
08/24/1998		LETTER from Bracmort (94CF1275) in response to court order appointing counsel for reply brief and argument only, indicating that he has not waived right to adequate assistance of counsel.
09/11/1998		CERTIFICATE PER RULE 28
09/18/1998		CERTIFICATE PER RULE 28
10/15/1998		APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 10/22/98 in 94-CF-1275
10/20/1998		APPELLANT'S REPLY BRIEF
10/21/1998		RECEIVED - aplt's reply brief (Bracmort)
10/23/1998		ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF , and the reply brief of appellant Francois D. Bracmort is filed. (By: GP)
11/24/1998		LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/02/1998		CALENDAR NOTICE SENT
01/06/1999		CERTIFICATE PER RULE 28
01/08/1999		CERTIFICATE PER RULE 28
01/12/1999	Filed	ACTION - Argued / Submitted
01/12/1999		ARGUED (WG,RD,KE) Paul J. Zidlicky, Esquire, for appellant. M. Elizabeth Kent, Esquire, for appellant. Matthew L. Levine, Esquire, for appellee.
01/20/1999		LETTER -from aple re: argument
01/26/1999		CERTIFICATE PER RULE 28
01/27/1999		CERTIFICATE PER RULE 28
03/16/1999		COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Burner) no oppo	Granted
03/22/1999		ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the appearance of Susan Van Bell, Esq. as attorney for appellant (Burner) is withdrawn and Richard Seligman, Esquire is hereby appointed to represent appellant (Burner). (WA/RD/KN)
03/26/1999		error
03/26/1999		APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Richard A. Seligman, Esq.
09/28/1999		CERTIFICATE PER RULE 28
10/12/1999		CERTIFICATE PER RULE 28
10/12/1999		CERTIFICATE PER RULE 28
09/28/2000		AFFIRMED IN PART/REMANDED IN PART opinion
10/10/2000		APLT'S PETITION FOR REHEARING/REHEARING EN BANC (of Harrod)
10/12/2000		APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB no oppo 30 days (Burner)
10/12/2000		APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 11/13/00. (of Bracmort)
10/20/2000		ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 13, 2000. (WA) (Burner)
10/20/2000		ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 13, 2000. (WA) (Bracmort)
10/20/2000		ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 13, 2000. (WA) (McCoy)
11/13/2000		APLT'S PETITION FOR REHEARING/REHEARING EN BANC (McCoy)
11/13/2000		APLT MO TO EXTEND TIME TO FL PETITION FOR REH/EB (Burner) to 11/21/00
11/13/2000		APLT'S PETITION FOR REHEARING/REHEARING EN BANC (Bracmort)
11/16/2000		ORD GRT APLT MO TO EXT TIME TO FILE PET FOR REH EB on or before November 21, 2000. (WA) (Burner)
11/21/2000		APLT'S PETITION FOR REHEARING/REHEARING EN BANC (Burner)
11/27/2000		ORDER that appellee, within 14 days from the date of this order, shall file a response to pet for reh/reh en banc (10 copies). (WA) (in McCoy case)
12/08/2000		APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto 1/11/01 no oppo
12/14/2000		ORD GRT APLE MO TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc on or before January 11, 2001. (WA) (in McCoy cases)
12/15/2000		ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WATESTSCFARZRDGLWHKN) (Harrod cases)
12/27/2000		MANDATE ISSUED in 94-CF-1014 & 96-CO-569
01/10/2001		APPELLEE'S OPPOSITION to aplt's pet for reh/reh en banc.
01/17/2001		ORDER that appellee, within 14 days from the date of this order, shall file a response to pet for reh/reh en banc (10 copies). (WA) (for Burner cases)
01/17/2001		ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (petition of appellant Bracmort) (WATESTSCFARZRDGLWHKN) (Judge Schwelb is recused from this case.)
01/25/2001		MANDATE ISSUED 94-CF-1275
01/25/2001		CJA ATTORNEY'S QUALLS LETTER
01/30/2001		APPELLEE MOTION TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc. (for Burner cases)
02/02/2001		ORD GRT APLE MO TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc on or before February 16, 2001. (WA) (for Burner cases)
02/15/2001		APPELLEE'S OPPOSITION to aplt's pet for reh/reh en banc.
03/02/2001		ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WATESTSCFARZRDGLWHKN) (of Burner)
03/02/2001		APPELLANT'S REPLY BRIEF (of McCoy)
03/02/2001		ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC and grant appellant's motion for leave to file reply brief and the Clerk is directed to file the lodged reply brief. (WATESTSCFARZRDGLWHKN) (of McCoy)
03/05/2001		ORDER sua sponte that this court's March 2, 2001, en banc order is amended to reflect the correct appeal number. Appeal number 94-CO-660 should read 96-CO-660. (WATESTSCFARZRDGLWHKN)
03/12/2001		MANDATE ISSUED 94-CF-1009, 96-CO-710, 94-CF-983, 96-CO-660
03/20/2001		NOTICE RECEIVED from Aplt's Cnsl in re: Writ of Cert. -- copy of Cert. Pet will be filed with this court. Voucher #A7050 issued to Cnsl this date.
05/10/2001		NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
05/18/2001		RECEIVED Courtesy copy of order signed by Judge Queen granting pro se aplt an extension of time to file a motion pursuant to Super. Ct. Crim. R.35 for a reduction of sentence in trial court.
05/24/2001		MISCELLANEOUS - aplt's mot for ext of time to file pet for writ of cert to 6/30/01. (McCoy)
06/14/2001		NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
06/22/2001		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for an extension of time to file motion to recall the mandate. (Served by: DCCA on 6/22/01)
07/09/2001		NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
07/12/2001		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to the extent that appellant may file a motion to recall the mandate within 60 days from the date of this order. (WARDKN) ( Bracmort)
09/19/2001		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for an extension of time to file motion to recall the mandate. (Served by: DCCA on 9/19/01)
09/24/2001		NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
10/03/2001		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to the extent that appellant may file his motion to recall the mandate within 60 days from the date of this order. (WARDKN) (Bracmort)
11/19/2001		NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
12/04/2001		LETTER from appellant requesting an extension of time to file motion to recall the mandate. (Bracmort)
12/17/2001		On consideration of the request of pro se appellant for an extension of time in which to file a motion to refall mandate, it is ORDERED that the motion is granted to the extent that appellant may file his motion to recall the mandate within 60 days from the date of this order. (WARDKN)
02/21/2002		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for an extension of time to file a motion to recall the mandate (Bracmort) (Served by DCCA)
03/04/2002		On consideration of the request of pro se appellant for extension of time in which to file a motion to recall the mandate, and it appearing that this court had granted appellant's previous three requests for extensions of time to file a motion to recall the mandate, it is ORDERED that the request for another extension of time is denied. (WARDKN)
09/17/2002		RECEIVED
09/17/2002		LETTER from pro se appellant informing this court that instructions in the 9/28/00 decision have not yet been followed.
11/07/2002		LETTER to appellant in response to his letter of Sept. 17, 2002. (JAC)