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United States Court Cases

District Of Columbia Court Of Appeals Record

ANDRE' M. HILLIARD V. UNITED STATES

Case Information: 91-CF-1339
Short Caption:ANDRE' M. HILLIARD V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Lead: 91-CF-1319 Consolidated:91-CF-1339
Superior Court or Agency Case Number:F5514-90Filed Date:10/23/1991

Opening Event Date:10/23/1991Case Status:Closed
Record Completed:02/21/1995Post-Decision Matter Pending:
Briefs Completed:07/03/1995
Argued/Submitted:11/08/1995
Disposition:Next Scheduled Action:
Mandate Issued:12/21/1995

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantAndre' M. Hilliard N
Francis T. LaceyNN
AppelleeUnited StatesN
John R. Fisher NN
Pamela S. Satterfield YN

Events
Event DateStatusDescriptionResult
01/01/1901HILLIARD, ANDRE' M. UNITED STATES
01/01/1902WALTERS - ORDERED 1/9/92 - (8/1/91 PROC.) WALTERS - ORDERED 1/9/92 - (7/29/91 - 7/31/91 PROC.) FRANKLIN - ORDERED 1/22/92 - (7/23/91 PROC.) TAPE - ORDERED 1/27/92 - (9/24/91 PROC.)
01/01/1903NOTE - 01 CO-DEFT: JASON E. LOWE 91-1319 NOTE - 01
10/23/1991NOTICE OF APPEAL
10/23/1991NOTICE OF APPEAL
11/26/1991APPOINTING COUNSEL/CO REFERRAL (CJA) J. MICHAEL COLLINS, ESQ. PANEL SCDATE 000000 SCHPRD
12/10/1991APPELLANT'S DOCKETING STATEMENT AJ PANEL SCDATE 000000 SCHPRD
01/07/1992RECORD ON APPEAL PR PANEL SCDATE 122391 SCHPRD R
01/24/1992SUPPLEMENTAL RECORD #1 (90 PGS. -- SCHNEIDER) (7/24/91 PROCEEDINGS) RJG PANEL SCDATE 011792 SCHPRD CHECK
02/04/1992SUPPLEMENTAL RECORD #2 (63-PGS/GRAYBILL 7/9/91) AJ PANEL SCDATE 000000 SCHPRD
02/11/1992SUPPLEMENTAL RECORD #3 (55 pgs - Shelton)(7/24/91 proceedings)
03/19/1992SUPPLEMENTAL RECORD #4 (442 pgs - Walters)(7/29 to 8/1/91 proceedings)
03/20/1992SUPPLEMENTAL RECORD #5 (21 pgs - Shelton)(7/24/92 proceedings)
03/30/1992SUPPLEMENTAL RECORD #6 (26 pgs - Tape)(9/24/91 proceedings)
04/28/1992ORD GRT CRT REPORTER FRANKLIN FOR EXT OF TM TO FL JULY 23, 1991 - JULY 26, 1991 PROC. to 5/8/92.
07/16/1992SUPPLEMENTAL RECORD #7 (493 pgs - Franklin)(7/25-26/91 proceedings)
10/05/1992ORDER, SUA SPONTE, CONSOLIDATING APPEALS 91-CF-1319 and 91-CF-1339. Brief of appellant due in 40 and brief of appellee due within 30 days thereafter.
10/21/1992APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF in 91-CF-1319
10/21/1992RECEIVED aplt's brief in 91-CF-1319
11/09/1992ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF in No. 91-CF-1319 and the lodged brief is filed. the brief of appellee shall be filed within 30 days from the date the brief of appellant in no. 91-CF-1339 is filed. (WHN)
11/09/1992APPELLANT'S BRIEF-NO. 91-CF-1319
11/13/1992APPELLANT'S MOTION FOR STAY briefing pending dispostion of motion to vacate conviction pursuant 23-110 in 91-CF-1339.
01/08/1993ORDER - Appellant motion to stay briefing period is granted and this appeal is hereby stayed pending disposition of motion filed in the trial court pursuant to D.C. Code 23-110 in 91-CF-1339. FURTHER ORDERED counsel for appellant shall advise this court within 60 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 in 91-CF-1339. (By RO)
01/08/1993ORDER GRANTING APPELLANT MOTION FOR STAY
02/04/1993LETTER from appellant's counsel re: status of 23-110 motion in the trial court.
02/26/1993LETTER from appellant's counsel regarding status of 23-110 motion filed in the trial court.
03/17/1993ORDER: 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)
06/16/1993ORDER Appellant shall advise this court within 15 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)
08/06/1993LETTER from aplt re status of hearing in superior court
10/14/1993ORDER - ORDERED that counsel for appellant in no. 91-CF-1339 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 which the two appeals will be consolidated. See Hall v. U.S., 559 A.2d 1321, 1322 (D.C. 1989). (By WHN)
01/13/1994ORDER: Counsel for appellant in 91-CF-1339 to advise this court in 15 days as to the status of the motion filed in the trial court pursuant to D.C. Code sec. 23-110. (By WHN)
02/24/1994LETTER of appellant in re to the 23-110 motion.
04/11/1994ORDER that counsel for appellant in no. 91-CF-1339 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 which the two appeals will be consolidated. See Hall v United States, 559 A.2d 1321, 1322 (D.C. 1989) (by:WHN)
05/27/1994ORDER - ORDERED that counsel for appellant in no. 91-CF-1339 shall advise this court, within 15 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. Failure to comply may result in his appointment being vacated. (By WHN)
06/14/1994LETTER - of aplt re: MAY 27, 1994 order
06/15/1994RECEIVED -order from superior court coursty copy
08/24/1994ORDER - ORDERED that the stay entered by this court's order dated January 8, 1993, in appeal no. 91-CF-1339 is vacated.
08/24/1994PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
08/24/1994ORDER - FURTHER ORDERED that the brief of appellant in no. 91-CF-1339 shall be filed withi 40 days from the date of this order and the consolidated brief of appellee shall be filed within 30 days thereafter. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By AMW)
09/07/1994SUPPLEMENTAL RECORD #8 (Brown envelope containing exhibit)
09/22/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF -to Dec.1. 1994
10/28/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFin no. 91-CF-1339 is granted and the brief of appellant shall be filed on or before December 1, 1994. (By WHN)
01/04/1995ORDER that appellant in no. 91-CF-1339 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 vacat ed. (BY WHN)
01/18/1995SUPPLEMENTAL RECORD#9 155-pgs/tanner 7/29/93 proc.)
02/08/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 45 days for Andre' M. Hilliard.
02/21/1995RECORD COMPLETED
02/21/1995SUPPLEMENTAL RECORD #10 (272 pages--Hilton) (7/15 & 7/20/93 proc.)
03/13/1995ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant in appeal no. 91-CF-1339 shall be filed within 45 days from the date of this order. (BY AMW)
05/01/1995RECEIVED Appellant's Brief. (need motion for leave)
05/02/1995APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
06/02/1995ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEFand the lodged brief of appellant in appeal no. 91-cf-1339 is filed. F/O that the consolidated brief of appellee shall be filed on or before June 5, 1995. (BY: WHN).
06/02/1995APPELLANT'S BRIEF
06/05/1995APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF -to 6/12/95
06/13/1995RECEIVED Appellee's Brief. (pending motion)
06/30/1995ORDER: Grant motion of appellee for leave to file the brief, and the lodged brief of appellee is filed. F/O that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (By: WHN)
07/03/1995APPELLEE'S BRIEF
07/03/1995BRIEFS COMPLETED
07/31/1995FINAL SCREENING - REGULAR CALENDAR
08/02/1995LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
08/11/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING from the appellee - United States
11/08/1995FiledACTION - Argued / Submitted
11/08/1995ARGUED (TE,ST,RU) David C. Gray, Esquire, for appellant. J. Michael Collins, Esquire, for appellant. Pamela S. Satterfield, Esquire, for appellee.
11/29/1995AFFIRMED MOJ (TE,ST,RU)
12/20/1995COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS and for appointment of substitute counsel and for a stay of proceedings
12/21/1995MANDATE ISSUED
12/29/1995APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto 1/10/96
01/04/1996ORD GRT APLE MO TO EXT TM TO FILE ANSWER/RESPONSE to the motion of J. MIchael Collins to withdraw as counsel for the appellant Andre M. Hillard in no. 91-CF-1339 and for substitute counsel and for a stay of proceedings to 1/10/96.
01/16/1996APPELLEE'S OPPOSITION to appellant's motion for leave to withdraw and for appointment of substitute counsel and for a stay of proceedings.
02/06/1996ORDER - On consideration of the motion of counsel for appelalnt Hilliard for leave to withidraw and for appointment of substitute counsel and for a stay of proceedings, and the opposition thereto, and it appearing that the mandate was issued on December 2, 1995, it is ORDERED that the motion of counsel for leave to withdraw is denied as moot. It is F/O that the motion for appointment of substitute counsel is granted, and Francis T. Lace, Esquire, is hereby appointed to represent appellant Hilliard for such further action as may be appropriate. It is F/O that appellant Hilliard shall, within 60 days of the date of this order, apprise this court of this status of this case. It is F/O that the motion to stay proceedings is denied as moot. TESTRZ
02/06/1996APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Francis T. Lacey, Esq.
03/29/1996FiledAPPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to recall mandate pursuant to D.C. Court of Appeals rule 41(c)
05/03/1996RECEIVED appellee's opposition to motion to recall mandate. (Was due 4/10/96).
05/06/1996NOTICE SENT to opposing counsel. Returning the appellee's opposition. Courtesy copy sent to opposing counsel & the fileroom.
05/09/1996FiledAPPELLEE'S MOTION FOR LEAVE TO FILE AN OPPOSITION to motion to recall mandate
01/16/1998LETTER - from aplt re: attorney
01/21/1998LETTER referring to counsel the letter filed by appellant on Jan. 16, 1998. (JAC)
05/06/1998ORDER that appellant shall, within 40 days from the date of this order, file with this court a memorandum addressing the merits of the motion court's denial of his Sec. 23-110 motion. The government shall, within 30 days thereafter, file a memorandum in opposition. Appellant shall have 20 days thereafter within which to file a reply memorandum. (TE,ST,RZ)
06/16/1998MISCELLANEOUS of aplt Andre M. Hilliard
07/21/1998FiledAPLE MOTION FOR LEAVE TO FILE ANSWER/RESPONSE no oppo
07/21/1998RECEIVED - aple's response to aplt's suggestion of death
05/12/2008FiledAPPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to have the court decide the case or alternately allow counsel to file voucher (no oppo)
02/04/2016FiledOrder Granting Appellee's Motion For Leave to file an opposition to appellant's motion to recall the mandate.
02/04/2016FiledOrder Granting Appellee's Motion For Leave to file the lodged response to the suggestion of death, and the Clerk shall file the lodged response.
02/04/2016FiledAppellee's response to appellant's suggestion of death (Appellant)
02/04/2016FiledOrder Denying appellant's motion to recall the mandate.
02/04/2016FiledOrder Denying APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to have the court decide the case or alternately allow counsel to file voucher as moot.
04/06/2016FiledMotion To Reconsider February 4, 2016 Order (Appellant)Granted
05/02/2016FiledORDER GRANTING COUNSEL'S MOTION TO RECONSIDER TO the LIMITED EXTENT that the CLERK IS DIRECTED TO ISSUE COUNSEL A VOUCHER FORTHWITH and F/O COUNSEL SHALL SUBMIT the VOUCHER w/n 10 DAYS...