judyrecords
search tips
760 million+
United States Court Cases

District Of Columbia Court Of Appeals Record

RICHARD LYONS V. UNITED STATES

Case Information: 89-CF-0250
Short Caption:RICHARD LYONS V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:89-CF-0250Consolidated: 89-CF-0299
Superior Court or Agency Case Number:F6809-87Filed Date:03/22/1989

Opening Event Date:03/22/1989Case Status:Closed
Record Completed:11/09/1989Post-Decision Matter Pending:
Briefs Completed:07/26/1991
Argued/Submitted:01/19/1995
Disposition:Next Scheduled Action:
Mandate Issued:02/19/1997

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRichard L. Lyons N
Brenda G. Grantland NN
W. Gary KohlmanYN
AppelleeUnited StatesN
John R. Fisher NN
Peter R. ZeidenbergYY

Events
Event DateStatusDescriptionResult
01/01/1901LYONS, RICHARD L. AKA WALTER LYONS UNITED STATES
01/01/1902
01/01/1903NOTE - 01 112289 ORD: GRANT MO TO SUB- NOTE - 01 STITUTE COUNSEL; MINDY A. NOTE - 02 DANIELS, ESQ., VACATED; BRENDA NOTE - 02 GRANTLAND, ESQ. & DOUGLAS WOOD NOTE - 03 ESQ. ENTERED AS COUNSEL OF NOTE - 03 RECORD. NOTE - 04 120690 ORD: MOT FOR LV TO NOTE - 04 RELY ON CODEFEN BRF IN 89-250 NOTE - 05 DENIED; F/O 89-299 IS REMOVED NOTE - 05 FROM 12/13/90 REG CAL; F/O NOTE - 06 89-299 & 89-250 CONSOL FOR NOTE - 06 ALL PURPOSES; F/O APLT COOPER NOTE - 07 MAY FILE SUP BRF AT SUCH TIME NOTE - 07 AS APLT LYONS' BRF IS FILED. NOTE - 08 CON: 89-299 NOTE - 08 NOTE - 09 5/6/91 ORD: BRF OF APLT DUE NOTE - 09 BY 6/27/91; BRF OF APLE DUE NOTE - 10 BY 8/1/91 & REPLY BRF OF APLT, NOTE - 10 IF ANY, DUE BY 8/20/91; SCHED NOTE - 11 CASE ON OCTOBER 1991 CAL; NFX. NOTE - 11
01/01/1905TRDATE- 91/11/12 ACTION - ARG ATTY 1 - KOHLMANW FOR - APPELLANT LYONS ATTY 2 - SCHEMBERD FOR - APLT COOPER ATTY 3 - ZEIDENBERGP FOR - APPELLEE
01/01/1906 DANIELSM VACATED: 11/22/89 WOODD 03/26/91 WITHDRAWN
03/20/1989APPELLANT'S DOCKETING STATEMENT AD PANEL SCDATE 000000 SCHPRD
03/22/1989NOTICE OF APPEAL
04/18/1989RECEIVED LETTER DATED 4/14/89, FROM AP- PELLANT, PRO SE, RE STATUS OF CASE MLR PANEL SCDATE 000000 SCHPRD
04/20/1989APPOINTING COUNSEL/CO REFERRAL (CJA) MINDY A. DANIELS, ESQ. PANEL SCDATE 000000 SCHPRD
04/28/1989APPELLANT'S DOCKETING STATEMENT MLR PANEL SCDATE 050189 SCHPRD DSA
05/15/1989RECEIVED MEMORANDUM DATED 5/8/89, FROM APPELLANT, PRO SE MLR PANEL SCDATE 000000 SCHPRD
05/22/1989LETTER RESPONSE TO APLT LTR DATED 5/8/89. MEH PANELDDW SCDATE 000000 SCHPRD
07/17/1989ACTION SLIP MAILED GT PANEL SCDATE 000000 SCHPRD
07/17/1989RECORD ON APPEAL (41 PGS - J&J) GT PANEL SCDATE 050889 SCHPRD R
07/25/1989SUPPLEMENTAL RECORD #3 (80 PGS - TROUPE) JB PANEL SCDATE 000000 SCHPRD
08/24/1989APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 30 DAYS AFTER COMPLETION OF TRANSCRIPTS RJG PANEL SCDATE 082889 SCHPRD BA
09/11/1989ORDER EXTENDING TIME FOR FILING BA UNTIL 40 DAYS AFTER TRANSCRIPT DOCKETED. ACG PANELRO SCDATE 000000 SCHPRD
10/20/1989MISCELLANEOUS PROCEDURAL MOTION OF APLT TO ENTER APPEARANCE OF B. GRANTLANT AND D. WOOD AND W/DRAW APP. OF MINDY DANIELSAD PANEL SCDATE 000000 SCHPRD
11/09/1989RECORD COMPLETED
11/22/1989ORDER SEE NOTE FIELDS 01-03. MEH PANELRO SCDATE 110989 SCHPRD M
04/06/1990RECEIVED CT RPTR PAVLISH CERTIFICATION OF 9/8/89 - 9/9/89 PROC. (NOT W/JUDGE THIS DATE) JB PANEL SCDATE 000000 SCHPRD
10/17/1990RECEIVED CT RPTR PAVLISH CERTIFICATION OF 9/9/88 PROC (NOT W/JUDGE THIS DATE) JB PANEL SCDATE 000000 SCHPRD
11/14/1990MISCELLANEOUS PROCEDURAL MOTION OF APPELLANT IN 89-299 FOR LEAVE TO RELY UPON BRIEF IN THIS CASE RJG PANEL SCDATE 000000 SCHPRD
12/03/1990RECEIVED CT RPTR JACKSON CERTIFICATION OF 9/9/88 PROC (DUP REQUEST) JB PANEL SCDATE 000000 SCHPRD
12/06/1990ORDER SEE NOTE FIELDS 04-07. PANEL SCDATE 112090 SCHPRD OPE
12/10/1990SUPPLEMENTAL RECORD #10 (69 PGS. -- JACKSON) RJG PANEL SCDATE 011691 SCHPRD CHECK
03/12/1991COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS OF APPELLANT'S COUNSEL DOUGLAS WOOD & FOR BRENDA GRANTLAND TO REMAIN RJG PANEL SCDATE 000000 SCHPRD
03/27/1991ORDER GRTG COUNS MO IN NO. 89-250 TO W/D DOUGLAS WOOD,ESQ, AS CO- COUNS FOR APLT. GW PANELRO SCDATE 031891 SCHPRD V
05/06/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF 30 ADDITIONAL DAYS AJ PANEL SCDATE 062791 SCHPRD BA
05/06/1991ORDER SEE NOTE FIELDS 09-11. DAS PANELRBH SCDATE 032791 SCHPRD B
05/06/1991MOTION(S) FEE PAID AJ PANEL SCDATE 000000 SCHPRD
05/20/1991ORDER DENY MO OF APLT TO EXT TM TO FL BRF AS MOOT, BRFG SCHED ISSUED SAME DAY MXBA FL. DAS PANELRO SCDATE 000000 SCHPRD
05/23/1991LETTER OF APLT RE; CALENDER AJ PANEL SCDATE 000000 SCHPRD
06/27/1991APPELLANT'S BRIEF PMB PANEL SCDATE 062791 SCHPRD BA
06/27/1991APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM IN 89-299 (SEE 12/6/90 ORDER) AJ PANEL SCDATE 000000 SCHPRD
07/26/1991APPELEE'S BRIEF PMB PANEL SCDATE 080191 SCHPRD BE
07/26/1991BRIEFS COMPLETED
08/20/1991APPELLANT'S REPLY BRIEF PR PANEL SCDATE 082091 SCHPRD RBA
08/30/1991CERTIFICATE PER RULE 28 RJG PANEL SCDATE 000000 SCHPRD
09/03/1991MEMORANDUM TRANSMITTING 8/30/91 LTR FROM COUNSEL FOR APLT COOPER RE RULE 28(K) CITE TO DIVISION. PANELJAC SCDATE 000000 SCHPRD
10/08/1991APPELLANT'S MOTION TO POSTPONE/CONTINUE ARGUMENT FOR 1 WEEK - NO OPPO PMB PANEL SCDATE 000000 SCHPRD
10/08/1991ORDER GRANT MOT TO CONTINUE, CASE REMOVED FROM 10/9 & RESCHED 11/12/91 AT 1:30 PM. MEH PANELROFETE SCDATE 100991 SCHPRD CREG
10/08/1991MOTION(S) FEE PAID PMB PANEL SCDATE 000000 SCHPRD
11/07/1991APPEARANCE W. GARY KOHLMAN ON BEHALF OF APLT PMB PANEL SCDATE 000000 SCHPRD
11/07/1991APPELLANT'S MOTION FOR STAY APPEAL PROCEEDINGS PENDING LITIGATION OF APLT'S MOTION FOR NEW TRIAL RJG PANEL SCDATE 000000 SCHPRD
11/07/1991MOTION(S) FEE PAID FOR MSTA RJG PANEL SCDATE 000000 SCHPRD
11/08/1991ORDER APLT'S MOT TO STAY APPELLATE PROCEEDINGS DENIED, CASE TO BE ARGUED 11/12/91 AT 1:30 PM. MH PANELROFETE SCDATE 111991 SCHPRD OPE
11/12/1991ARGUED PANELRGFETE SCDATE 000000 SCHPRD
04/17/1992REVERSED AND REMANDED JUDGMENT RV JUDGMENT OF CONVICTION & RM CAUSE FOR A NEW TRIAL (RG FE TE)
05/01/1992APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 5/15/92 - no oppo
05/05/1992ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB to May 15, 1992. (RO)
05/15/1992APLT MO TO EXTEND TIME TO FL PETITION FOR REH/EB to 5/29/92
05/21/1992ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB to May 29, 1992. (RO)
05/29/1992APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION FOR LEAVE TO FILE PETITION IN EXCESS OF THE PAGE LIMITS
05/29/1992RECEIVED OF APLE PETITION FOR REHEARING REHEARING EN BANC
06/08/1992ORD GRT APLE MO FOR LV TO FILE PET FOR REH/REH EB in excess of page limits and Clerk is directed to file the lodged petition. (RO)
06/08/1992APLE'S PETITION FOR REHEARING/REHEARING EN BANC
06/12/1992ORDER directing appellants within 20 days from the date of this order to file a response (10 copies) to petition for rehearing/rehearing en banc. (RO)
07/01/1992APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITION/ RESPONSE TO GOVERNMENT'S PETITION FOR REHEARING AND/ OR REHEARING EN BANC.
07/01/1992MOTION(S) FEE DUE
07/02/1992APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITION(cooper) in which to respond to petition for rehearing or rehearing en banc
07/07/1992ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE to petition for rehearing or rehearing en banc. Appellant's response in 89-CF-250 shall be filed on or before July 13, 1992, and appellant's response in 89-CF-299 shall be filed on or before July 23, 1992. (RO)
07/13/1992APPELLANT'S ANSWER/RESPONSE TO GOVERNMENT'S PETITION FOR REHEARING OR REHEARING EN BANC.
07/22/1992APPELLANT'S ANSWER/RESPONSE PETITION FOR REHEARING OR REHEARING EB BANC (cooper)
12/01/1992ORDER GRANTING APLE PETITION FOR REH/REH EN BANC It is ORDERED by the merits division that the petition for rehearing is denied; and it appearing that the majority of the judges of this court has voted to grant the petition for rehearing en banc, it is FURTHER ORDERED that appellee's petition for rehearing en banc is granted and the opinion and judgment of April 17, 1992, are hereby vacated. It is FURTHER ORDERED that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. Counsel are hereby directed to provide ten copies of the briefs heretofore filed to the Clerk on or before December 11, 1992. (EB) (Associate Judge Farrell has recused from this case.)
12/01/1992ORDER GRANTING APLE PETITION FOR REH/REH EN BANC
12/04/1992APPELLEE'S BRIEF (10 copies of brief for en banc arguement)
12/04/1992APPELLEE'S BRIEF (10 copies of the brief for en banc arguement)
12/08/1992APPELLANT'S REPLY BRIEF (10 additional copies needed for en banc proceedings)
12/08/1992APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM (10 additional copies needed for en banc proc.)
12/08/1992APPELLANT'S BRIEF (10 additional copies needed for en banc proceedings).
12/17/1992ORDER On further consideration of appellee's petition for rehearing or rehearing en banc, it is Ordered that the portion of this court's order of 12/1/92,in which this division of the court denied appellee's petition for rehearing is hereby vacated. It is Further Ordered that appellee's petition for rehearing is granted. It is Further Ordered that the parties shall file supplemental briefs addressing the issue of whether the trial court's denial of the motion for mistrial, based on the association between a juror and a government witness, was or could be harmless error. See, e.g., Arizona v. Fulminante, 111 S. Ct. 1248 (1991). Appellee's supplemental brief shall be filed within 21 days from the date of this order, and appellants' supplemental brief shall be filed within 21 days after service of appellee's supplemental brief. It is Further Ordered that these cases shall be scheduled for reargument before this division of the court, on the issues raised by the petition for rehearing and the issue addressed in the supplemental briefs only, as soon thereafter as the business of the court will permit. (ROFETE)
01/08/1993ORDER It appearing that the merits division has decided to rehear these cases after additional briefing, it is Ordered by the court, sua sponte, that further proceedings on appellee's petition for rehearing en banc shall be held in abeyance pending further order of the court. (EB) (Associate Judge Farrell has recused himself.)
01/15/1993ORD GRANT APLE MO TO EXT TIME TO FILE SUPPL BRIEF on or before January 21, 1993.
01/22/1993APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
01/29/1993MEMORANDUM transmitting appellee's supplemental brief to the division. (JAC)
02/08/1993APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to February 25, 1993 (no oppo).
02/16/1993RECEIVED - second supplemental brief for aplt Cooper
02/25/1993APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM for Richard Lyons.
03/12/1993ORDER - Grant appellant's unopposed motion to extend time to file supplement brief ROFETE
03/12/1993APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
06/03/1993ARGUED (RO,FE,TE) W. Gary Kohlman, Esquire for aplt Lyons. Daniel M. Schember, Esq., for aplt Cooper. Roy W. McLeese, Esquire, for appellee.
07/27/1994RECEIVED- motion from aplt for bail (motion need to be signed, also need to have a certificate of service)
07/28/1994REVERSED AND REMANDED Opinion
08/11/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for resumption of proceedings en banc.
10/20/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for bail
10/21/1994LETTER to appellant returning his motion for bail filed October 19, 1994, indicating that a party shall not file a pleading when represented by counsel. (JAC)
10/31/1994ORDER GRANTING APLT PETITION FOR REHEARING EN BANC and granting aple's motion for resumption of proceedings en banc. The opinion and judgment of July 28, 1994, are hereby vacated. Further Ordered that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. The parties may file supplemental briefs within 30 days from the date of this order. (EB) (Judge Wagner was an Associate Judge of this court at the time of argument. Her status changed to Chief Judge on June 14, 1994. Judge Farrell is recused from this case.) (650 a.2d 183)
11/30/1994APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFto Dec. 6, 1994
12/02/1994APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to December 30, 1994.
12/02/1994MOTION(S) FEE PAID for maxsb
12/06/1994RECEIVED Supplemental brief for appellee on rehearing en banc.
01/13/1995APLT MOTION FOR LV TO FILE SUPPLEMENTAL BRF/MEMO on rehearing en banc for both appellants in the consolidated cases.
01/13/1995MOTION(S) FEE PAID
01/13/1995RECEIVED appellant's petitioner for rehearing en banc from an appeal from the superior court of the District of Columbia.
01/19/1995FiledACTION - Argued / Submitted
01/19/1995ORDER grant the motion of appellee and the motion of appellants to file supplemental brief and the Clerk is directed to file the lodged supplemental brief of appellee and the lodged supplemental brief of appellants. (EB) (Judge Farrell is recused from these cases.)
01/19/1995APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
01/19/1995APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM (brief of Lyons and Cooper)
01/19/1995ARGUED (WG,FE,TE,ST,SC,KG,RU,KE) W. Gary Kohlman, Esquire, for appellant. Roy W. McLeese, III, Esquire, for appellee.
06/30/1995CERTIFICATE PER RULE 28
11/24/1995APPELLANT'S MOTION TO REMAND
12/08/1995LETTER referring to counsel a pleading received from appellant on November 24, 1995, entitled Appellant's Motion For Summary Remand, etc. (JAC)
12/28/1995LETTER -from Mark J. Rochon to Joy A. Chapper re: letter sent to former partner W. Gary Kohlman
01/19/1996CERTIFICATE PER RULE 28
08/30/1996REVERSED AND REMANDED En Banc Opinion
08/30/1996VACATED IN PART/AFFIRMED IN PART Panel Opinion
09/20/1996ORDER by the court, sua sponte, that the opinions in these cases filed August 30, 1996, are hereby withdrawn, and the judgment filed on the same date is vacated, pending further order of the court. A new set of opinions will be issued at a later date. (WA,FE,TE,ST,SC,KG,RZ,KN)
10/03/1996REVERSED AND REMANDED (en banc) Opinion (WG,FE,TE,ST,SC,KG,RU,KE) page 1933
10/03/1996VACATED IN PART/AFFIRMED IN PART Opinion (FE,TE,KE)
10/03/1996REVERSED AND REMANDED Opinion (en banc)WG,FE,TE,ST,SC,KG,RU,KE) pg. 1933
10/03/1996VACATED IN PART/AFFIRMED IN PART Opinion (FE,TE,KE) pg 1962
10/18/1996RECEIVED - mot. for ext. of time to file aplt's pet for reh
10/28/1996RECEIVED - aplt's mot for enlargement of time to file pet. for reh
02/19/1997MANDATE ISSUED
04/25/1997APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to recall the mandate
05/13/1997ORDER (FE,TE,KE) Por se appellant's motion to recall mandate is denied.