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United States Court Cases

District Of Columbia Court Of Appeals Record

PATRICK L. BAUCUM V. UNITED STATES

Case Information: 96-CF-0459
Short Caption:PATRICK L. BAUCUM V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead: 95-CF-1464 Consolidated:96-CF-0459, 99-CO-0038
Superior Court or Agency Case Number:F13028-92Filed Date:03/08/1996

Opening Event Date:03/08/1996Case Status:Closed
Record Completed:09/29/2000Post-Decision Matter Pending:
Briefs Completed:09/21/2001
Argued/Submitted:01/09/2002
Disposition:Next Scheduled Action:
Mandate Issued:07/02/2003
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantPatrick L. Baucum Y
William T. MorrisonYY
AppelleeUnited StatesY
John R. Fisher NN

Events
Event DateStatusDescriptionResult
03/08/1996NOTICE OF APPEAL filed by: Patrick Baucum 504 7th Street S.E. Washington, D.C. 20003 Phone: 202-546-1500 Bar No. # 337998
04/29/1996APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Michele A. Roberts, Esq.
06/27/1996RECORD ON APPEAL
08/12/1996ORDER: 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. The motion should set 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 counsel's appointment being vacated. (By: GP)
08/13/1996APPELLANT'S MOTION FOR LEAVE TO FILE DS
08/13/1996RECEIVED appellant's docketing statement
09/06/1996SUPPLEMENTAL RECORD #1 RPT.TRANS-PROC. 6/26,27,28,29,30/95-740-PGS.-RPT. FARMER).(FLD. 1/23/96-IN CASE 95CF1464).
09/06/1996SUPPLEMENTAL RECORD #2 (RPT.TRANS-PROC. 6/19-23/95-356 PGS.-RPT. FARMER). (FLD. 5/1/96 -IN CASE 95CF1464).
09/10/1996SUPPLEMENTAL RECORD #3 (RPT.TRANS-PROC. 5/16/94- 157 PGS.-TAPE). (original filed in 94cf1485- co-deft.-Lamont Heard).
09/10/1996RECORD COMPLETED
09/20/1996ORDERED, sua sponte, that appeals nos. 95-CF-1464 and 96-CF-459 are consolidated for all purposes herein. It is (More)
09/20/1996ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS in appeal no. 96-CF-459, and the lodged docketing statement is filed. It is F/O that the brief of appellants shall be filed within 40 days from the date of this order, and the consolidated brief of appellee shall be filed within 30 thereafter. See D.C. App. R. 31. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
09/20/1996APPELLANT'S DOCKETING STATEMENT (Appeal No. 96-CF-459)
10/16/1996APPELLANT'S MOTION FOR STAY- appeal in appeal no. 96-CF-459 (vvd)
10/16/1996MOTION(S) FEE PAID
10/30/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/6/96
01/13/1997ORD GRANT APLT THOMAS JOHNSON MOTION TO EXT TIME TO FILE BRIEF to the extent indicated herein.
01/13/1997ORDER GRANTING APPELLANT MOTION FOR STAY, and these appeals are hereby stayed pending further order of the court. If the motion of Patrick L. Baucum 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). F/O that counsel for appellant shall, within 15 days from the date of this order, file a copy of the D.C. Code Section 23-110 motion with this court. 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). sw
01/13/1997CASE STAYED
02/26/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to and including April 11, 1997 for Thomas Johnson, Jr. in 95 CF 1464
03/24/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of Thomas Johnson shall be filed on or before April 1, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. F/O that, Patrick L. Baucum's motion remains pending in the trial court, counsel for appellant Patrick L. Baucum shall advise this court every 3 months, with the next report due on July 1, 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 by filing a separate notice of appeal, after which the appeals will be consolidated. See Hall v. U.S. , 559 A.2d 1321, 1322 (D.C. 1989) (BY: GP) sw
06/02/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to and including AUgust 1, 1997 (For Thoma Johnson, Jr. in 95 CF 1464)
06/05/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of Thomas Johnson, Jr., shall be filed on or before August 1,1 997. Any further request for an extension of time will be looked upon with disfavor and granred only upon a showing of good cause. F/O that these cases remain stayed pending the disposition of appellant Patrick L. Baucum's trial court motion. (BY: GP) sw
08/25/1997ORDERED that, while this motion remains pending in the trial court, counsel for appellant Patrick L. Baucum shall advise this court every 3 months, with the next report due on November 3, 1997, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in wirting 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 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: GPJ)
09/05/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Thomas Johnson) to 10/1/97 no opo
09/12/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant Thomas Johnson, Jr., shall be filed on or before October 1, 1997. (BY: JAT)
10/10/1997ORDERED that counsel for appellant Thomas Johnson, Jr., 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 extensi on of time within which to do. Failure to comply with this order may result in counsel's appointment being vacated. (BY: GPJ)
10/23/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/15/97 no oppo (of T. Johnson, Jr.) (vvd)
11/04/1997ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant in appeal no. 95-CF-1464 shall be filed on or before November 15, 1997. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall resultin counsel's appointment being vacated. (By:AMW)
11/17/1997APPELLANT'S BRIEF (Thomas Johnson, Jr.)
02/09/1998ORDERED that counsel for appellant Patrick L. Baucum shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the statement out of time. The motion should set forth good cause for the failure either to timely file the status statement 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: GPJ)
02/20/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to late file status statement in 96-CF-459
02/20/1998RECEIVED - aplt status report in 96-CF-459
03/12/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION and the lodged status report is filed in appeal no. 96-CF-459. It is (More)
03/12/1998STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION 96-CF-459
03/12/1998ORDERED, 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 July 1, 1998__, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court 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 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).(By: GP)
08/03/1998ORDERED that counsel for appellant Patrick L. Bausum shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the status statment out of time. The motion should set forth good cause for the failure either to timely file the status statement or to request an extension of time within which to do so. Failure to comply with this order shall result in the vacating of the order which stayed appeal no. 96-CF-459 and the issuance of a briefing order. (BY: AMW)
08/31/1998PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
08/31/1998ORDERED, sua sponte, that the stay entered by this court on January 13, 1998, in appeal no. 96-cF-459, is hereby vacated. It is F/O that appellant Patrick L. Baucum shall, within 40 days from the date of this order, file the brief, and the brief of appellee shall be filed within 30 days thereafter. See D.C. App. R. 31. (BY: AMW)
10/19/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days
10/19/1998MOTION(S) FEE PAID
10/30/1998ORDERED that the motion is granted, and the brief of appellant Patrick L. Baucum shall be filed on or before January 14, 1999. (BY: GP)
02/04/1999 ERROR
03/16/1999ORDER, SUA SPONTE, CONSOLIDATING APPEAL no. 99-CO-38 with previously consolidated appeals nos. 95-CF-1464 and 96-CF-459 for all purposes herein. FO that Michelle A. Roberts, Esquire, is appointed to represent appellant in appeal no. 99-CO-38. FO that counsel for appellant Baucum shall, within 10 days from the date of this order, file the docketing statement in appeal no. 99-CO-38. (By: AMW)
03/19/1999RECORD ON APPEAL for 99co 38
04/02/1999ORDER: Counsel for appellant in appeal no. 99-CO-38 shall, within 10 days from the date of this order, file the docketing statement, accompanied by a motion for leave to fie the docketing statement out of time. The motion should set 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 order may result in counsel's appointment being vacated. (By: GP)
04/12/1999APPELLANT'S MOTION FOR LEAVE TO FILE DS in 99-CO-38
04/12/1999RECEIVED - aplt's docketing statement in 99-CO-38 (RT ordered?) (vvd)
04/19/1999ORDER: Grant motion of appellant for leave to file the docketing statement, and the lodged docketing statement in appeal no. 99-CO-38 is filed. (By:JAC for GP)
04/19/1999APPELLANT'S DOCKETING STATEMENT in appeal no. 99-CO-38. (RT ordered)
06/16/1999 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the briefs of appellants 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)
07/22/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF by 60 days (no oppo). (Baucum)(vvd)
08/06/1999 On consideration of the consent motion of appellant Patrick Baucum for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and the brief of appellant Patrick Baucum shall be file don or before September 24, 1999. (By JAC for GP)
09/20/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 96-CF-459 to 60 days (Patrick L. Baucum)
09/20/1999MOTION(S) FEE PAID
09/21/1999LETTER from aplt re counsel in 96-CF-459 & 99-CO-38.
09/29/1999LETTER referring to counsel for appellant the Sept. 21 pro se letter from appellant (Baucum). (JAC)
10/01/1999 On consideration of the consent motionof appellant Patrick L. Baucum for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and the brief of appellant Patrick L. Baucum shall be filed on or before November 23, 1999. Any further requests for extensions of time will be looked upon with disfavor and granted only upin a showing of good cause. (By: GP)
11/24/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo (Baucum) until completion of transcript
12/08/1999ORDERED that the motion is granted, and the brief of appellant Patrick Baucum shall be filed within 40 days from the date the transcript is filed with this court. F/O that appellant Patrick Baucum shall advise this court within 15 days thereof of appellant's receipt of the order transcripts. (BY: GP)
09/29/2000SUPPLEMENTAL RECORD - #4 (76 pgs/Coney) 2/13/97 proc.
09/29/2000RECORD COMPLETED
10/16/2000LETTER referring to counsel for appellant a 23-110 motion received from appellant. (JAC)
10/18/2000COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Baucum's attorney) Granted
11/21/2000ORDERED that the motion of appellant Patrick L. Baucum is granted, and the appointment of Michele A. Roberts, Esquire, is hereby vacated, and William T. Morrison, Esquire, is appointed to represent appellant herein. Michele A. Roberts, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O 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)
11/30/2000APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) William T. Morrison, Esquire
12/08/2000RECEIVED pro se letter from appellant regarding motion to withdraw as counsel filed by attorney Michele Roberts and opposition to that motion which was never received by this court.
12/27/2000APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40days after completion of transcripts
01/22/2001 On consideration of the motion of appellant Patrick L. Baucum for an extension of time within which to file the brief, wherein appellant indcate(s) that transcript is being prepared, it is ORDERED that the motion is granted, and the brief of appellant Patrick L. Baucum shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant Patrick K. Baucum shall advise this court within 15 days thereof of appellant's receipt of the ordered transcript. (GP)
04/18/2001 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the consolidated brief of appellant Patrick L. Baucum shall be filed within 40 days from the date of this oder, and the brief of appellee shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP)
05/25/2001APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. - (Baucum) no oppo
06/19/2001 On consideration of the motion of appellant_ Patrick Baucum 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 Patrick Baucum shall be filed on or before June 28, 2001. (GP)
06/27/2001APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. - Baucum no oppo
07/09/2001 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 July 30, 2001. (GP)
08/02/2001APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF no oppo
08/08/2001 On consideration of the unopposed motion of appellant Patrick L. Baucum for leave to file the lodged brief of appellant, it is ORDERED that the motion of appellant is granted, and the lodged brief of appellant Patrick L. Baucum is filed. It is FURTHER ORDERED that the brief of appellee_ shall be filed with this court on or before September 6, 2001. (GP)
08/08/2001APPELLANT'S BRIEF Patrick L. Baucum
08/30/2001APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF (Aplt Johnson consents) 9/21/01
09/17/2001 On consideration of the motion of appellee_ 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 appellee_ shall be filed on or before September 21, 2001. (GP)
09/21/2001APPELLEE'S BRIEF
09/21/2001BRIEFS COMPLETED
09/21/2001APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
09/27/2001 On consideration of the unopposed motion of appellee to supplement the record, it is ORDERED that the motion of appellee___ is granted, and the Clerk of the Superior Court shall prepare and transmit the item(s) specified in appellee's_ motion to this court as a supplemental record forthwith. (GP)
09/27/2001FINAL SCREENING - REGULAR CALENDAR
10/03/2001LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
10/05/2001LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
10/05/2001SUPPLEMENTAL RECORD #5 (Complainant/witness state ment)(Statement of Lamont Heard 12/19/92)
12/05/2001CALENDAR NOTICE SENT
01/09/2002FiledACTION - Argued / Submitted
01/09/2002ARGUED (TE,FA,WH) Frederick J. Sullivan, Esq., for appellant. William T. Morrison, Esq., for appellant. Patricia A. Heffernan, Esq., for appellee.
01/15/2002LETTER - from aplt re: oral argument
04/10/2003AFFIRMED opinion
04/21/2003CJA ATTORNEY'S QUALLS LETTER
04/28/2003APLT MOTION FOR LEAVE TO FILE PET FOR REH/REH EB no oppo
04/28/2003RECEIVED - aplt's pet for reh/reh en banc.
05/02/2003ORD GRT APLT MO FOR LV TO FILE PET FOR REH/REH EB and the Clerk is directed to file the lodged petition. (WA) (for Patrick Baucum)
05/02/2003APLT'S PETITION FOR REHEARING/REHEARING EN BANC (for Patrick Baucum)
05/16/2003ORDER that appellee within 14 days from the date of this order shall file a response to pet for reh/reh en banc (10 copies). (WA)
05/28/2003APPELLEE'S OPPOSITION to aplt's pet for reh/reh en banc.
06/03/2003MANDATE ISSUED in 95-CF-1464 Johnson v. U.S.
06/19/2003ORDER (TE,FA,WS) The petition of appellant Baucum for rehearing is granted to the extent that footnote 4 of the opinion reported at 820 A.2d 551 is amended. (See 6/19/03 published order)
06/24/2003ORDER DENYING APLT PETITION FOR REHEARING EN BANC without prejudice to the filing of a pet for reh en banc directed to the order issued on June 19, 2003, granting the petition for rehearing only to the extent that this court's opinion filed April 10, 2003, is amended. (WATESTSCFARZRDGLWH)
07/02/2003MANDATE ISSUED In 96-CF-459 & 99-CO-38 Baucum
08/01/2003APPELLANT'S PETITION FOR REHEARING EN BANC (Baucum)
12/01/2003ORDER DENYING APLT PETITION FOR REHEARING EN BANC (WATESTSCFARZRDGLWH) (Baucum)
03/09/2004NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI (Baucum)
04/07/2004NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI