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United States Court Cases

District Of Columbia Court Of Appeals Record

REGINALD MACK V. UNITED STATES

Case Information: 97-CF-1129
Short Caption:REGINALD MACK V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:97-CF-1129Consolidated: 00-CO-1670
Superior Court or Agency Case Number:F7017-95Filed Date:07/07/1997

Opening Event Date:07/07/1997Case Status:Closed
Record Completed:01/06/1999Post-Decision Matter Pending:
Briefs Completed:09/26/2001
Argued/Submitted:01/29/2002
Disposition:Next Scheduled Action:
Mandate Issued:02/25/2002

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantReginald Mack N
Kenneth H. RosenauYN
AppelleeUnited StatesN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
07/07/1997NOTICE OF APPEAL
08/13/1997ORDERED that counsel for appellant shall, within 20 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. It is F/O that counsel for appellant shall simultaneeously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motion should set for good cuase for the failure either to timely fiel the documents or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (BY: GPJ)
09/22/1997ORDER: This appeal is hereby dismissed. See D.C. App. R. 14. (By: AMW)
09/22/1997DISMISSED
10/03/1997APPELLANT'S MOTION TO REINSTATE APPEAL (vvd)
10/03/1997MOTION(S) FEE PAID
10/03/1997RECEIVED - docketing statement - designation of record - statement regarding transcript (RT Ordered)
12/16/1997$50.00 DOCKETING FEE
02/27/1998ORDER GRANT APPELLANT MOTION TO REINSTATE APPEAL and this appeal is hereby reinstated. It is F/O that the Clerk shall file the lodged docketing statement, designation of record and statement regarding transcript. (BY: AMW)
02/27/1998APPELLANT'S DOCKETING STATEMENT
02/27/1998DESIGNATION OF RECORD
02/27/1998STATEMENT REGARDING TRANSCRIPT(S)
03/09/1998RECORD ON APPEAL
04/07/1998SUPPLEMENTAL RECORD - #1 (12 pgs/Griffith) 2/18/97 proc.
05/21/1998SUPPLEMENTAL RECORD #2 (Rpt.Trans-2/13/97 Proc.- 142 Pgs.-Rpt. B. Herzfeld).
10/28/1998SUPPLEMENTAL RECORD - #3 (523 pgs/Watson) 2/10-12/97 proc.
01/06/1999SUPPLEMENTAL RECORD #4 (132-pgs/johnson 2/14/97 proc.)
01/06/1999RECORD COMPLETED
01/21/1999ORDER: 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)
02/26/1999LETTER from aplt requesting new counsel
03/09/1999ORDERED, sua sponte, that this court's briefing schedule entered on January 21, 1999, is hereby stayed pending further order of this court. FO that appellant shall advise this court, within 30 days from the date of this order, as to the identity of new counsel, or if he intends to proceed on appeal pro se. FO that, if appellant wishes to receive court-appointed counsel, he must request the appointment of counsel by motion, and file the appropriate motion and affidavit regarding his financial status. (By: AMW)
04/05/1999APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS
04/05/1999RECEIVED - aplt's motion to appoint counsel
04/26/1999ORDERED: that the motion and affidavit of appellant_______ to proceed on appeal in forma pauperis is granted. It is FURTHER ORDERED that the motion of appellant for the appointment of counsel is granted, and Kenneth H. Rosenau, Esquire, is appointed to represent appellant herein. It is FURTHER ORDERED 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. See D.C. App. R. 31. (By: AMW)
04/26/1999APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth H. Rosenau, Esq.
05/05/1999ORDERED: That this court's order of April 26, 1999, is hereby amended to include that the Clerk shall withdraw the appearance of John A. Shorter, Jr., Esquire. (By: AMW)
06/21/1999ORDER: 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)
07/02/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file motion to stay 23-110 no oppo
07/02/1999RECEIVED - aplt's motion for stay to file 23-110 motion
07/15/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION and the Clerk shall file the lodged motion to stay this appeal. It is (More)
07/15/1999APPELLANT'S MOTION FOR STAY (More)
07/15/1999ORDER DENYING APPELLANT MOTION FOR STAY is denied without prejudice to its renewal upon the filing of the D.C. Code Section 23-110 motion in the trial court. It is F/O that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the steps taken to file the D.C. Code Section 23-110 motion in the trial court. (BY: AMW)
09/13/1999ORDERED that counsel for appellant shall advise this court, within 15 days from the date of this order, as to the steps taken to file the D.C. Code Section 23-110 motion in the trial court, accompanied by a motion for leave to file the status statement out of time. Failure to comply with this order shall result in the issuance of an order re-directing the brief of appellant. (BY: AMW)
09/28/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status statement of counsel no oppo
09/28/1999RECEIVED - aplt's status statement of counsel w/copy of 23-110 motion attached. (vvd)
10/07/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to late file the lodged status statement regarding the D.C. Code 23-110 motion pending in the trial court, and the Clerk shall file the lodged status statement. FO, ss, that this appeal is 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 remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on January 3, 2000, 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)
10/07/1999STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
10/07/1999CASE STAYED
03/07/2000RECEIVED - aplt's statement status of counsel motion to late file needed due on 1/3/00
03/17/2000APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status report
03/17/2000RECEIVED - aplt's status report
04/10/2000ORDERED: Grant the motion of appellant is granted, and the loged status statement is filed. It is FURTHER ORDERED that, while the motion reamins pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on June 5, 2000, 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: GP)
04/10/2000STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
06/13/2000APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status report pending trial court motion no oppo
06/13/2000RECEIVED- aplt's status report
08/23/2000ORDERED that the motion of appellant is granted, and the lodged status statement is filed. F/O that, while the motion remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with next report due on November 1, 2000, 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: GP)
08/23/2000STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
11/01/2000STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION still pending in trial court. (pir)
11/17/2000STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION 23-110 was denied on 11/9/00. (pir)
02/13/2001PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
02/13/2001ORDERED, sua sponte, that the stay entered by this court on October 7, 1999, in appeal no. 97-CF-1129, is hereby vacated. F/O, sua sponte, that appeals nos. 97-CF-1129 and 00-CO-1670 are consolidated for all purposes herein. F/O that Kenneth Rosenau, Esquire, is appointed to represent appellant in appeal no. 00-CO-1670. F/O that appellant shall, wihtin 10 days from the date of this order, file thedocketing statement in appeal no. 00-CO-1670. (BY: AMW)
02/16/2001RECORD ON APPEAL in 00-CO-1670.
02/16/2001SUPPLEMENTAL RECORD # 5 (8 pgs--Allison) 5/19/00 proc.
02/16/2001error (vvd)
02/22/2001APPELLANT'S DOCKETING STATEMENT (RT ordered - dwm)
05/31/2001 It appearing that the complete record on appeal has been filed with this court, it is ORDERED 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. See D.C. App. R. 31. (GP)
07/16/2001APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/13/01. no oppo
07/23/2001 On consideration of the motion of appellant_ for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before August 13, 2001. (GP)
08/13/2001APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 10 days
08/17/2001 On consideration of the motion of appellant for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before August 23, 2001________. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
08/23/2001APPELLANT'S BRIEF
09/26/2001APPELLEE'S BRIEF
09/26/2001BRIEFS COMPLETED
10/05/2001FINAL SCREENING - SUMMARY CALENDAR I
12/05/2001CALENDAR NOTICE SENT
12/12/2001LETTER FROM COUNSEL REQUESTING ORAL ARGUMENT Granted
12/17/2001ORDER GRANT APLT MOTION REQUESTING ORAL ARGUMENT
01/29/2002FiledACTION - Argued / Submitted
01/29/2002ARGUED (TE,GL,FE) Kenneth H. Rosenau, Esq., for appellant. Susan H. Rhee, Esq., for appellee.
02/01/2002AFFIRMED moj (TE,GL,FE)
02/25/2002MANDATE ISSUED