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United States Court Cases

District Of Columbia Court Of Appeals Record

GEORGE MCCARROLL V. UNITED STATES

Case Information: 95-CO-1733
Short Caption:GEORGE MCCARROLL V. UNITED STATESClassification:Appeals - Criminal Other - Other Criminal
Lead: 94-CF-0578 Consolidated:95-CO-1733, 96-CF-0923
Superior Court or Agency Case Number:F9080-93Filed Date:12/04/1995

Opening Event Date:12/04/1995Case Status:Closed
Record Completed:07/08/1996Post-Decision Matter Pending:
Briefs Completed:10/02/1996
Argued/Submitted:03/18/1997
Disposition:Next Scheduled Action:
Mandate Issued:06/17/1997

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantGeorge Mccarroll N
Bernard S. GrimmYY
AppelleeUnited StatesN
Whitney C. Ellerman YN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
12/04/1995NOTICE OF APPEAL filed by: Bernard S. Grimm Bar No. 378171
01/05/1996APPELLANT'S MOTION TO CONSOLIDATE 94-CF-578 and 95-CO-1733
01/05/1996MOTION(S) FEE PAID (see 94-CF-578)
02/08/1996ORDERED, sua sponte, that the stay entered by this court on September 27, 1995, in no. 94-CF-578, is hereby vacated. F/O, sua sponte, that appeals nos. 94-CF-578 and 95-CO-1733 are consolidated for all purposes herein. F/O that appellant shall, in appeal no. 95-CO-1733, within 15 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. F/O that the appellant shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file documents out of time and this court's $10 motion fee. The motion should set forth good cause for the failure either to timely file or to request an extension of time within which to doso. Failure to comply with this order may result in the dismissal of appeal no. 95-CO-1733. See D.C.App. R. 14. (BY: AMW)
02/08/1996PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
02/16/1996APPELLANT'S MOTION FOR LEAVE TO FILE DS
02/16/1996$50.00 DOCKETING FEE
02/16/1996RECEIVED - ADS, DR & SRT
07/08/1996RECORD ON APPEAL
07/08/1996RECORD COMPLETED
07/19/1996ORDER: Grant motion of appellant for leave to file the docketing statement, designation of record and statement regarding transcript in appeal no. 95-CO-1733. FO 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. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By GP)
07/19/1996APPELLANT'S DOCKETING STATEMENT in no. 95-CO-1733.
07/19/1996DESIGNATION OF RECORD in no. 95-CO-1733.
07/19/1996STATEMENT REGARDING TRANSCRIPT(S) in no. 95-CO-1733.
08/06/1996RECEIVED - aplt's motion to stay operative brifing schedule pending completion of record on appeal need to comply with rule 27
08/06/1996MOTION(S) FEE PAID
08/06/1996RECEIVED - aplt (McCarroll) mot. to deem record in related cases as part of the record in the present case (did not comply w/rule 27)
08/07/1996MOTION(S) FEE PAID
08/08/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to deem record in related cases as part of the record in the present case
08/08/1996APPELLANT'S MOTION FOR STAY- operative briefing schedule pending completion of record on appeal no oppo
08/28/1996APPELLANT'S BRIEF for 94 CF 578 & 95 CO 1733
10/02/1996BRIEFS COMPLETED
10/02/1996APPELLEE'S BRIEF
10/16/1996APPELLANT'S REPLY BRIEF
10/24/1996FINAL SCREENING - REGULAR CALENDAR
10/25/1996LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
11/05/1996LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING filed by appellant's counsel
01/09/1997ORDERED, sua sponte, that appeals nos. 94-CF-578, 95-CO-1733, 96-CF-264 and 96-CF-923 are consolidated for all purposes herein. (by: WAGNER)
01/09/1997ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of George McCarroll to deem record in related cases as part of the record in his present cases. (by: WAGNER)
01/09/1997ORDER DENYING APPELLANT George McCarroll motion to stay the operative briefing schedule pending completion of the record AS MOOT. (by: WAGNER)
01/09/1997ORDER GRANTING APLT'S MOTION TO DISMISS, and appeal no. 96-CF-264, Duane Brown, is hereby dismissed. (by: WAGNER)
01/09/1997ORDER GRANTING APLT'S MOTION TO TRANSFER the supplenmental records and brief iled in appeal no. 96-CF-264 to appeal no. 96-CF-923, and the Clerk shall transfer the supplemetal records and briefs filed in appeal no. 96-CF-264 to appeal no. 96-CF-923. F/O that appeal nos. 94-CF-578, 95-CO-1733 and 96-CF-923 shall be scheduled for consideration before a merits division as soon as the calendar permits. (by: WAGNER)
01/09/1997APPELLANT'S BRIEF (Brief transferred from case 96CF264-see order dated 1/9/97)
01/09/1997APPELLEE'S BRIEF (Brief transferred from case 94CF264-see order dated 1/9/97).
02/24/1997APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (unopposed)
02/24/1997RECEIVED appellant's reply brief
02/27/1997ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF
02/27/1997APPELLANT'S REPLY BRIEF
03/18/1997FiledACTION - Argued / Submitted
03/18/1997ARGUED (WG,SC,RU) Claire Theresa Roth, Esquire, for appellant. Bernard S. Grimm, Esquire, for appellant. Whitney C. Ellerman, Esquire, fo rappellee.
04/23/1997AFFIRMED MOJ (WG,SC,RU)
05/05/1997APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until June 5, 1997. (consent) (of appellant George McCarroll)
05/05/1997MOTION(S) FEE PAID
05/06/1997ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before June 5, 1997. (WA)
05/15/1997MANDATE ISSUED No. 96-CF-923 (Duane Brown)
05/22/1997APLT'S PETITION FOR REHEARING/REHEARING EN BANC (McCarrol)
06/04/1997AFFIRMED IN PART/REMANDED IN PART MOJ (WG,SC,RU) The MOJ released on 4/23/97 is amended on this day.
06/04/1997ORDER GRANTING APPELLANT'S PETITION FOR REHEARING to the extent that the memorandum opinion and judgment filed April 23, 1997, herein, is amended and reissued in amended form this day; and it appearing that no judge of this court has called for a vote on the petition for rehearing enbanc, it is FO that the petition for rehearing en banc is denied. (WG*,FE,TE,ST,SC*,FA,KG,RU*,RD) (petition of appellant, McCarroll)
06/17/1997MANDATE ISSUED Nos. 94-CF-578 & 95-CO-1733
07/16/1997ORDER On consideration of aplt's pro se motion in no. 96-CF-923 for leave to submit petition to exceed page limit, and the lodged pro se petition for reh/reh en banc, it is Ordered by the merits division that the petition for rehearing is granted to the extent that the memorandum opinion and judgment filed April 23, 1997, herein, is amended and reissued in amended form this day; and it appearing that no judge of this court has called for a vote on the petition for rehearing en banc, it is Further Ordered that the petition for rehearing en banc is denied. (EB)
07/16/1997AFFIRMED MOJ (WG,SC,RU) Second Amended MOJ Duane Brown