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United States Court Cases

District Of Columbia Court Of Appeals Record

REGINALD A. GAITHER V. UNITED STATES

Case Information: 90-CF-0714
Short Caption:REGINALD A. GAITHER V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:90-CF-0714Consolidated: 02-CO-0367 , 93-CO-0010 , 95-CO-0888 , 97-CO-0454
Superior Court or Agency Case Number:F5286-88Filed Date:05/21/1990

Opening Event Date:05/21/1990Case Status:Closed
Record Completed:02/23/1993Post-Decision Matter Pending:
Briefs Completed:12/16/1998
Argued/Submitted:09/23/1999
Disposition:Next Scheduled Action:
Mandate Issued:03/05/2003

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantReginald A. Gaither N
Samia FamYY
James W. KleinNY
AppelleeUnited StatesN
John R. Fisher NN
Ann K. H. SimonYN

Events
Event DateStatusDescriptionResult
01/01/1901GAITHER, REGINALD A. UNITED STATES
01/01/1902RE STATUS OF PNDNG 23-110 MO IN TRL CRT
01/01/1903NOTE - 01 5/6/91 ORD: BRF OF APLT DUE BY NOTE - 01 6/25/91, BRF OF APLE DUE BY NOTE - 02 7/30/91 & REPLY BRF OF APLT, NOTE - 02 IF ANY, DUE BY 8/19/91; SCHED NOTE - 03 CASE ON OCTOBER 1991 CAL; NFX. NOTE - 03
05/21/1990NOTICE OF APPEAL
06/07/1990ORDER APPOINTING JAMES KLEIN, ESQ. AS COUNSEL FOR APLT. DOCKETING STATEMENT DUE IN 10 DAYS. GG PANELRO SCDATE 000000 SCHPRD
06/20/1990APPELLANT'S DOCKETING STATEMENT AJ PANEL SCDATE 061890 SCHPRD DSA
06/20/1990STATEMENT OF APLT STATEMENT REGARDING THE TRANSCRIPT AJ PANEL SCDATE 000000 SCHPRD
06/25/1990SUPPLEMENTAL RECORD #1 (124-RHOADES) AJ PANEL SCDATE 082690 SCHPRD RT
07/12/1990RECORD ON APPEAL PR PANEL SCDATE 072190 SCHPRD R
07/12/1990SUPPLEMENTAL RECORD #4 (534 PGS.--PIRFO) PR PANEL SCDATE 000000 SCHPRD
07/12/1990SUPPLEMENTAL RECORD #2 (39 PGS.--WILLES) PR PANEL SCDATE 000000 SCHPRD
07/12/1990SUPPLEMENTAL RECORD #5 (85 PGS. & 42 PGS.-PAVLISH) PR PANEL SCDATE 000000 SCHPRD
07/13/1990SUPPLEMENTAL RECORD #3 (38 PGS. -- BURNS) RJG PANEL SCDATE 090190 SCHPRD RT
07/13/1990SUPPLEMENTAL RECORD #6 (66 PGS. & 9 PGS. & 5 PGS.- -WRAY) PR PANEL SCDATE 082890 SCHPRD RT
07/16/1990SUPPLEMENTAL RECORD #7 (345 PGS.--SARGENT-BURNS) PR PANEL SCDATE 000000 SCHPRD
08/20/1990SUPPLEMENTAL RECORD #8(58 PGS/SCHOCH) AD PANEL SCDATE 000000 SCHPRD
10/09/1990SUPPLEMENTAL RECORD #9(437 PGS/SANBORN) AD PANEL SCDATE 000000 SCHPRD
10/09/1990SUPPLEMENTAL RECORD #10(16 PGS/FRANKLIN) AD PANEL SCDATE 082590 SCHPRD RT
10/12/1990SUPPLEMENTAL RECORD #11(41 PGS/GRAYBILL) AD PANEL SCDATE 083090 SCHPRD RT
12/14/1990SUPPLEMENTAL RECORD #12(11 PGS/GLEASON) AD PANEL SCDATE 013091 SCHPRD RT
05/06/1991ORDER SEE NOTE FIELDS 01-03. DAS PANELRBH SCDATE 042491 SCHPRD X
06/25/1991MISCELLANEOUS PROCEDURAL MOTION OF APPELLANT TO VACATE THE BRIEFING SCHEDULE RJG PANEL SCDATE 062591 SCHPRD BA
06/28/1991ORDER DENY MO TO STAY W/OUT PREJ TO RENEWAL WHEN 23-110 MO IS FL; BRF OF APLT DUE IN 10 DAYS. DS PANELRO SCDATE 000000 SCHPRD
07/05/1991SUPPLEMENTAL RECORD #13 (15 PGS. -- FRANKLIN) PR PANEL SCDATE 000000 SCHPRD
07/09/1991MISCELLANEOUS PROCEDURAL MOTION APPELLANT'S RENEWED MOTION TO VACATE BRIEFING SCHEDULE RJG PANEL SCDATE 070891 SCHPRD BA
07/17/1991ORDER GR MO OF APLT. TO VACATE BRF SCHD. THIS APPL IS STAYED.APLT TO FL STATE RE 23-110 IN 30.AD PANELRO SCDATE 071191 SCHPRD K
08/15/1991STATEMENT OF APPELLANT REGARDING 23-110 MOTION FILED IN THE TRIAL CRT RJG PANEL SCDATE 081691 SCHPRD STATE
09/03/1991SUPPLEMENTAL RECORD #14 (13 PGS. -- GRIMES) (4/21/88 PROCEEDINGS) RJG PANEL SCDATE 000000 SCHPRD
09/03/1991RECORD COMPLETED
09/23/1991ORDER CNSL FR APLT TO ADVISE CRT IN 30 AS TO STATUS OF 23-110 MO IN TRL CRT. EVH PANELRBH SCDATE 091891 SCHPRD V
10/23/1991STATEMENT OF APLT RE STATUS 23-110 MOTION PMB PANEL SCDATE 102591 SCHPRD STATE
12/02/1991ORDER CNSL FR APLT TO ADVISE CRT IN 30 AS TO STATUS OF 23-110 MO. EVH PANELRBH SCDATE 112691 SCHPRD V
01/02/1992STATEMENT OF APLT RE STATUS OF 23-110 MOTION PMB PANEL SCDATE 011692 SCHPRD STATE
02/10/1992ORDER CNSL FR APLT TO ADVISE CRT IN 30 RE STATUS OF PNDNG 23-110 MO IN TRIAL CRT. EVH PANELRBH SCDATE 020492 SCHPRD V
05/12/1992Counsel for appellant shall advise this court wit hin 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. (JAC)
06/12/1992STATEMENT of appellant regarding the status of 23-110 motion in the trial court.
07/21/1992ORDER: 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 Sec. 23-110. (JEP)
08/17/1992STATEMENT of appellant re status of 23-110 motion
09/30/1992ORDER: 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. (By WHN)
11/02/1992STATEMENT REGARDING STATUS OF MOTION.
01/04/1993ORDER: 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 Section 23-110. (By WHG)
01/27/1993ORDER, SUA SPONTE, CONSOLIDATING APPEAL nos. 90-CF-714 and 93-co-10 for all purposes herein. F/O that James Klein, Esquire, is hereby appointed to represent appellant in no. 93-co-10. F/O that appellant shall file the docketing statement in no. 93-co-10 within 15 days from the date of this order. (BY JFerren)
02/11/1993APPELLANT'S DOCKETING STATEMENT
02/23/1993RECORD ON APPEAL
02/23/1993RECORD COMPLETED
04/21/1993ORDER: 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 in extraordinary circumstances. (DAS) (BY WHN)
06/01/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 7/1/93.
06/11/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed on or before July 1, 1993. (BY WHN)
07/02/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to permit filing of attached unopposed motion for thirty (30) day extension of time in which to file aplt's brief
07/07/1993RECEIVED - appellant's motion for a thirty-day extension of time
08/02/1993RECEIVED - unopposed motion for a two week extension of time in which to file appellant's brief up to and uncluding August 16, 1993.
08/02/1993MOTION(S) FEE PAID
08/13/1993ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to permit filing of attached motion for thirty-day extension of time in which to file appellant's brief, and the lodged motions of apellant are filed. (BY WHN)
08/13/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for a thiry-day extension of time within which to file appellant's brief.
08/13/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (unoppossed) for a two-week extension of time in which to file appellant's brief up to and including August 16, 1993.
08/13/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF(for thiry-day extension and for a two-week extension of time) and the brief of appellant shall be filed within 20 days from the date of this order. (BY WHN)
08/18/1993APPELLANT'S BRIEF
09/16/1993APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until 10/22/93. (no oppo.)
09/27/1993ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellee shall be filed on or before October 22, 1993. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHG)
10/25/1993RECEIVED appellee's brief (needs melb)
10/25/1993APPELLEE'S MOTION FOR LEAVE TO FILE BRIEF (no oppo)
11/24/1993SUPPLEMENTAL RECORD #1 (order, Judge R.M. Urbina, dtd 11/22/93.) (Supplemental to the record on appeal.)
12/10/1993ORDER GRANT APLE MOTION FOR LEAVE TO FILE BRIEF and the lodged brief of appellee is filed. F/O that these appeals shall be scheduled for consideration before a merits division as soon as the calendar permits. (By: WHN)
12/10/1993APPELLEE'S BRIEF
12/10/1993BRIEFS COMPLETED
01/05/1994FINAL SCREENING - REGULAR CALENDAR
01/28/1994APPELLANT'S MOTION FOR STAY consideration appeal pending litigation in trial court pursuant to D.C. Code 23-110 and sup. ct. crim r. 33.
02/02/1994ORDER It is sua sponte that these appeals are removed from the calendar of Thursday, March 24, 1994, at 9:30 a.m. (RO)
02/23/1994ORDER GRANTING APPELLANT MOTION FOR STAY, and 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 two appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322, (D.C 1989). F/O that counsel for appellant shall file a copy of the 23-110 motion with this court within 15 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: JWR)
03/11/1994RECEIVED Copies of the new trial motion pursuant to the courts order of 2/24/94.
03/25/1994STATEMENT regarding status of motion.
05/05/1994ORDER: Counsel for appellant shall advise this co urt within 30 days from the date of this order as to the status of the proceedings in the trial court. (By WHN)
06/10/1994ORDER: ORDERED that counsel for appellant shall advise this court, within 15 days from the date of this order, as to the status of the proceedings in the trial court, accompanied by a motion for leave to file the above out of time. The motion should set forth good cause for the failure either to timely file the above or to request an extension of time within which to do so. Failure to comply mayresult in stay being lifted. (By WHN)
06/24/1994STATEMENT appellant's statement regarding the status of proceedings in the trial court.
08/09/1994ORDER appellant shall advise this court within 30 days from the date of this orer as to the status of the pending proceedings in the trial court. (By WHN)
09/08/1994STATEMENT - regarding status of motion in trial court
11/01/1994ORDER: 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 thetrial 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. (By: WHN)
12/01/1994STATEMENT of appellant regarding status of motion in trial court.
01/31/1995ORDER: 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)
03/01/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
05/16/1995ORDER: 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)
06/15/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for ext. of time to file status report 1 week
06/21/1995STATEMENT-of aplt regarding status of motion and request to consolidate appeals
09/06/1995ORDERED, sua sponte, that the stay entered by thiscourt on February 23, 1994, in appeals nos. 90-CF-714 and 93-CO-10 is hereby vacated. F/O that the motion of appellant for an extension of time within which to file the status report is granted, and the Clerk shall file the lodged statement of appellant regarding status of motion and request to consolidate the appeals is filed. F/O that the requestto consolidate these appeals is granted, and appeal no. 95-CO-888 is consolidated with appeals nos. 90-CF-714 and 93-CO-10 for all purposes herein. F/O that James W. Klein, Esquire, is hereby appointed to represent appellant in appeal no. 95-CO-888. F/O that appellant shall, within 15 days from the date of this order, file the docketing statement in appeal no. 95-CO-888. F/O motion of appellant tostay the appeal pending determination of a motion filed in the trial court is granted, and appeals nos. 94-CF-1233 and 94-CF-875 are hereby stayed pending further order of this court. F/O counsel for appellant in appeal no. 94-CF-1233 shall advise this court within 30 days from the date of this order, regarding the actions taken to file the D.C. Code Section 23-110 motion in the trial court. (BY: AMW).
09/11/1995ORDERED sua sponte, that the stay entered by this court on 2/23/95, in appeals nos. 90-CF-714 and 93-CO-10 is hereby vacated. F/O that the motion of appellant for an extension of time within which to file the status report is granted, and the Clerk shall file the lodged statement of appellant regarding status of motion and request to consolidate the appeals is filed. F/O that the request to consolidate these appeals is granted, and appeals no. 95-CO-888 is consolidated with appeals nos. 90-CF-714 and 93-CO-10 for all purposes herein. F/O that James W. Klein, Esquire,is hereby appointed to represent appellant in appeal no. 95-CO-888. F/O that appellant shall, within 15 days from the date of this ordr, file the docketing statement in appeal no. 95-CO-888. (BY: AMW) (AMENDED ORDER)
11/07/1995ORDER It appearing that the complete record on appeal has been filed with this court in appeal no. 95-CO-888, it is ORDERED that appellant shall file a supplemental brief addressing the issues raised in appeal no 95-CO-888 within 20 days from the date of this order and appellee may file a supplemental brief within 20 days thereafter. (WHN)
11/27/1995APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF no oppo -
03/12/1996ORDER On consideration of appellant's unopposed motion to stay briefing scheduling pending litigation of new trial motion. It is ORDERED that the motion is granted and this matter is hereby stayed pending further order of this 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 status of the proceedings in the trial court. (AMW)
03/12/1996CASE STAYED
04/12/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION for # 90cf-714, 93co-10,95co-888, motion pending in the trial court
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)
07/17/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
09/20/1996 - ORDERED 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 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)
10/18/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION for the consolidated cases
12/18/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending to reopen the May 19, 1995 hearing for a new trial, filed in the trial court. If the motion in the trial court is denied, review of that denial may be sought only by filing a seperate notice of appeal, after which four appeals will be consolidated. See Hall v. United States, 559 A. 2d 13211322 (D.C. 1989). (By: GP)
01/17/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/24/1997ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the court proceedings in the trial court. If the motion in the trial court is denied, review of that denial may be sought out only by 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)
03/26/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
04/04/1997PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/04/1997W. Klein, Esquire, is hereby appointed to represent appellant in appeal no. 97CO454. FO that appellant shall,within 10 days from the date of this order, file the docketing statement for appeal no. 97CO454. (By: AMW)
04/16/1997APPELLANT'S MOTION FOR LEAVE TO FILE DS (unopposed)
04/16/1997RECEIVED appellant's docketing statement
04/22/1997ORDERED that the motion is granted, and the lodged docketing statement is filed in appeal no. 97-CO-454. (BY: GP)
04/22/1997APPELLANT'S DOCKETING STATEMENT in appeal no. 97-CO-454
04/29/1997STATEMENT REGARDING TRANSCRIPT(S)
05/19/1997RECORD ON APPEAL for Reginald A. Gaiter in 97 CO 454
10/31/1997SUPPLEMENTAL RECORD #15 (115-pgs/shaw 7/26/96 proc.)
11/03/1997SUPPLEMENTAL RECORD - #16 (50 pgs/Herzfeld) 12/16/96 proc.
12/18/1997ORDERED that appellant shall, within 40 days from the date of this order, file a substitute brief covering the issues in all appeals, and the brief of appellee shall be filed within 30 days thereafter. See D.C. App. R. 31. (BY: GP) sw
02/05/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 90 days no oppo
02/23/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before May 6, 1998. (By: GP)
05/06/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 60 days
05/18/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before July 6, 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)
07/06/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/27/98 no oppo
07/16/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before July 27, 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)
07/28/1998APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF (no oppo)
07/28/1998RECEIVED appellant's brief.
08/04/1998ORDER: Grant motion of appellant for leave to file the brief, and the lodged brief of appellant is filed. F/O that the brief of appellee shall be filed on or before September 1, 1998______. (By: GP)
08/04/1998APPELLANT'S BRIEF
08/26/1998APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF for 45 days no oppo
09/03/1998ORDER: Grant the motion of appellee for an extension of time, and the brief of appellee shall be filed on or before October 16, 1998________. (By: JAC for GP)
10/15/1998APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days no oppo
10/22/1998ORDER: Grant the motion of appellee for an extension of time, and the brief of appellee shall be filed on or before November 16, 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)
11/16/1998APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 day extension (no oppo).
12/03/1998ORDER: Grant the motion of appellee for an extension of time, and the brief of appellee shall be filed on or before December 16, 1998_______. No further requests for extensions of time will be granted a showing of good cause. Failure to comply with this order shall subject this appeal to being scheduled on the record on appeal and appellant's brief without further notice. (By: AMW)
12/16/1998APPELLEE'S BRIEF
12/16/1998BRIEFS COMPLETED
01/05/1999FINAL SCREENING - REGULAR CALENDAR
01/11/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
01/19/1999LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/22/1999LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
05/26/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
05/28/1999LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
06/25/1999LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
07/21/1999CALENDAR NOTICE SENT
09/13/1999APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
09/13/1999RECEIVED
09/15/1999ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the reply brief is filed. (GP)
09/15/1999APPELLANT'S REPLY BRIEF
09/23/1999FiledACTION - Argued / Submitted
09/23/1999ARGUED (TE,ST,RU) Samia FAm, Esq., for appellant. Ann K.H. Simon, Esq., for appellee.
09/27/1999LETTER from aple confirming the accuracy of aplt's counsel recitation in rebuttal of the pertinent portions of the record.
09/21/2000AFFIRMED IN PART/REMANDED IN PART Accordingly, we affirm in part and remand the case for further proceedings consistent with this opinion. (By TE, ST, RZ)
09/26/2000APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to amend opinion
10/05/2000APPELLANT'S OPPOSITION to aple's mot to amend opinion.
10/05/2000APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to modify opinion
10/13/2000APPELLEE'S REPLY to aplt's oppo to aple's mot to amend opinion.
10/13/2000APPELLEE'S ANSWER/RESPONSE to aplt's mot to opinion.
02/01/2001MANDATE ISSUED
03/11/2002APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to vacate trial court's memorandum order of 1/18/02, as entered without jurisdiction and to recall the mandate.
03/20/2002APPELLEE'S OPPOSITION - to aplt's motion to vacate trial court memeorandum order of 1/18/02, and support of aplt's motion to recall mandate
03/29/2002APPELLANT'S REPLY to aple's partial oppo to aplt's mot to vacate trial court's memo order of 1/18/02
01/29/2003ORDER GRANT APLT MISCELLANEOUS SUBSTANTIVE MOTION to vacate trial court's Memorandum Order dated January 18, 2002, and recall the mandate. In appeals Nos. 90-CF-714+, we remanded the case for the trial court to make complete findings of fact and to apply the correct legal standard to its findings concerning appellant's Brady claims. Gaither v. US, 759 A.2d 655, 664 (D.C. 2000). Subsequently, both parties requested amendments to the opinion, one of which was hotly contested. While the court was considering these motions, the mandate inadvertently issued on February 1, 2001. Pursuant to the mandate, the trial judge--without knowledge of the parties' pending motions to amend the opion--proceeded to make findings on remand, issuing a Memorandum Order on January 18, 2002, which rejected appellant's Brady claim. Appellant has moved to recall the mandate to permit amendment of our opinion, and to vacate the trial court's Memorandum Order on the ground that it was issued without jurisdiction and without benefit of our final remand instructions following decision on the motions to amend the opinion. Appellee agrees that the mandate should be recall to permit decision on the parties' motions to amend the opinion, but disagrees that the trial court's remand order was without jurisdiction and that appellant's rights may be protected by appealing that order. That order is now pending appeal before this court. Gaither v. US, No. 02-CO-367.
01/29/2003ORDER GRANTING sua sponte case no. 02-CO-367 be consolidated with case nos. 90-CF-714, 93-CO-10, 95-CO-888, and 97-CO-454. (By TE, ST, RZ)
01/29/2003ORDER GRANTING both parties motions to amend the opinion and the opinion issued on September 21, 2000 is hereby amended consistent with the language in this order. (By TE, ST, RZ) (816 a.2d 791)
03/05/2003MANDATE ISSUED