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United States Court Cases

District Of Columbia Court Of Appeals Record

JOHNNY T. LATTIMORE V. UNITED STATES

Case Information: 93-CF-0140
Short Caption:JOHNNY T. LATTIMORE V. UNITED STATESClassification:Appeals - Criminal Felony - Theft Related
Lead:93-CF-0140Consolidated: 98-CO-0668
Superior Court or Agency Case Number:F1921-92Filed Date:01/07/1993

Opening Event Date:01/07/1993Case Status:Closed
Record Completed:07/30/1993Post-Decision Matter Pending:
Briefs Completed:01/22/1999
Argued/Submitted:10/19/1999
Disposition:Next Scheduled Action:
Mandate Issued:12/30/1999
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJohnny T. Lattimore YPro SeN
AppelleeUnited StatesN
James R. Costello, Jr.YN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
01/07/1993NOTICE OF APPEAL
02/23/1993RECORD ON APPEAL
02/26/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Gregory B. Macaulay, Esq.
03/10/1993SUPPLEMENTAL RECORD #1 (76 pgs. - Ransom-Jones) (11/3/92 proc.)
04/06/1993SUPPLEMENTAL RECORD #2(96-pgs/hart 11/6/92 proc.) (107-pgs/holland 11/10/92 proc.)
04/09/1993ORDER: Counsel for appellant 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, setting 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 may result in his appointment being vacated. (By RO)
04/13/1993SUPPLEMENTAL RECORD (113 pgs. - Whalen) (11/5/92 proc.)
04/15/1993SUPPLEMENTAL RECORD - #3 (282 pgs/Carter) 11/2-4/92 proc.
04/16/1993SUPPLEMENTAL RECORD #4 (12 pgs. - Quinones) (12/22/92 proc.)
04/30/1993APPELLANT'S MOTION FOR LEAVE TO FILE DS
04/30/1993RECEIVED Appellant's Docketing Statement
05/14/1993ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS and the lodged docketing statement is filed. (BY WHN)
05/14/1993APPELLANT'S DOCKETING STATEMENT
07/30/1993SUPPLEMENTAL RECORD #5 (223-pgs/holland 10/26,27,29/92 proc.)
07/30/1993RECORD COMPLETED
05/06/1994ORDER: 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. Any requests for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
06/15/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until July 25, 1994.
07/13/1994ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant shall be filed on or before July 25, 1994. Any further request for an exte nsion of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
07/25/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 8, 1994.
08/08/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 12, 1994.
08/12/1994APPELLANT'S MOTION FOR STAY- the briefing schedule and hold appeal in abeyance pending the filing of and a decision of the trial court on aplt's 23-11motion
09/21/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF (both motions) (More)
09/21/1994ORDER GRANTING APPELLANT MOTION FOR STAY, and this appeal is stayed pending furthe rorder 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 thew two appeals will be consolidated. See Hall v. US. F/O that counsel for appellant shall file a copy of the 23-110 motion with this court within 10 days from the date of this order. F/O that counsel for appellant shall advise this court within 30 days from the date of this order as to the status of the proceedings in the trial court. (By: AMW)
10/28/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION- for leave late file statement 23-110 status report
10/28/1994RECEIVED - aplt's status report
12/02/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file out of time appellant's 23-110 motion and status report, and the lodged status report and copy of appellant's 23-110 motion are filed. F/O that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. US. (By: WHN)
12/02/1994MISCELLANEOUS - copy of appellant's 23-110 motion that was filed in the trial court.
12/02/1994STATEMENT/status report of appellant re 23-110 motion
01/03/1995STATEMENT - status report filed by appellant's counsel.
02/24/1995ORDER: Counsel for appellant shall advise this co urt within 30 days from the date of this order as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. 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 two appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322 (D.C. 1989). (By WHG)
04/12/1995ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: WHN)
05/12/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
08/08/1995ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: WHN)
12/14/1995RECEIVED - aplt's status report
12/22/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to late file status report
03/27/1996ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to late file appellate's status report and lodged status report is filed. FO that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. 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 whhich the two appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322 (D.C. 1989). (By JAC)
03/27/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
04/04/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
04/04/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
04/12/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: JAC)
05/02/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
06/17/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: GP)
07/22/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to late file appellant's status report
07/22/1996RECEIVED appellant's status report
10/04/1996ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to late file appellant's status report, and the lodged status report is filed. It is F/O that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code Section 23-110. 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 two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (BY: GPJ)
10/04/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
11/22/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: GPJ)
12/30/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - for leave to file status report no oppo
12/30/1996RECEIVED - status report re pending trial court motion
02/24/1997 ORDERED that the motion is granted, and the status report of appellant is filed. It is F/O that, while this motion remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on June 2, 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. If the motion in the trial court is denied, review of that denial may be sought only be 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). (By: GP)
06/02/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
08/13/1997COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS and for appointment of substitute counsel Granted
09/08/1997ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the appointment of Gregory B. Macaulay, Esquire, is hereby vacated, and Janet Ann Cohen, Esquire, is appointed to represent appellant herein. Gregory B. Macaulay, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. It is F/O that, while the D.C. Code Section 23-110 motion remains pending in the trial court, the newly-appointed counsel for appellant shall advise this court every 3 months, with the next report due on November 3, 1997, as to the status of the pending motion filed in the trial court. The newly-appointed counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. (BY: AMW)
09/08/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Janet Ann Cohen, Esq.
11/03/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/02/1998STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
03/25/1998RECEIVED- courtsey copy of memorandum decision and order signed by J. Dixon 3/9/98
03/25/1998STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
06/17/1998PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
06/17/1998ORDER: ORDERED, ss, that the stay entered by this court on September 21, 1994, in appeal no. 93-CF-140, is hereby vacated. FO, ss, that appeals nos. 93-CF-140 & 98-CO-668 are consolidated for all purposes herein. FO that Janet Ann Cohen, Esquire, is appointed to represent appellant in appeal no. 98-CO-668. FO that counsel for appellant shall, within 10 days from the date of this order, file the docketing statement in appeal no. 98-CO-668. (By: AMW)
06/25/1998RECORD ON APPEAL
07/07/1998APPELLANT'S MOTION FOR LEAVE TO FILE DS
07/07/1998RECEIVED - aplt's docketing statement in 98-CO-668
07/14/1998ORDER: Grant motion of appellant for leave to file the docketing statement in appeal number 98-CO-668, and the lodged docketing statement in appeal number 98-CO-688 is filed. 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: GP)
07/14/1998APPELLANT'S DOCKETING STATEMENT (for 98-CO-668)
08/26/1998ORDER: 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)
08/27/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 9/17/98 no opo
09/03/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before September 17, 1998_________. (By: JAC for GP)
09/16/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/26/98
09/28/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before October 26, 1998___________. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
10/26/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 12/7/98
11/04/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before December 7, 1998___________. 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)
12/07/1998APPELLANT'S BRIEF
01/11/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 1/19/99
01/19/1999RECEIVED - aple's brief
01/22/1999ORDER: Grant the motion of appellee for an extension of time, and the brief, and the brief of appellee is filed. It is FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (By: GP)
01/22/1999APPELLEE'S BRIEF
01/22/1999BRIEFS COMPLETED
02/01/1999FINAL SCREENING - SUMMARY CALENDAR I
10/19/1999FiledACTION - Argued / Submitted
10/19/1999SUBMITTED (FA,RD,WS)
12/08/1999AFFIRMED MOJ (FA,RD,WS)
12/22/1999CJA ATTORNEY'S QUALLS LETTER
12/30/1999MANDATE ISSUED