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United States Court Cases

District Of Columbia Court Of Appeals Record

ERNEST D. SMITH V. UNITED STATES

Case Information: 93-CF-1629
Short Caption:ERNEST D. SMITH V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:F4505-92Filed Date:12/13/1993

Opening Event Date:12/13/1993Case Status:Closed
Record Completed:08/24/1995Post-Decision Matter Pending:
Briefs Completed:02/07/1997
Argued/Submitted:06/03/1997
Disposition:Next Scheduled Action:
Mandate Issued:08/07/1997

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantErnest D. Smith N
Billy L. PondsYY
AppelleeUnited StatesN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
12/13/1993NOTICE OF APPEAL
02/04/1994ORDER: Appellant shall, within 15 days from the date of this order, tender the $50 docketing fee, a nd file the docketing statement, designation of record, and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148, and shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the above or to request an extension of time within which to do so, with the $10 motions fee, or this appeal may be dismissed. (By WHN)
02/10/1994LETTER regarding the court's order dated February 4, 1994.
02/14/1994APPELLANT'S MOTION FOR LEAVE TO FILE DR & SRT & ads.
02/14/1994MOTION(S) FEE PAID
02/14/1994RECEIVED dr & srt.
02/14/1994RECEIVED ads.
02/14/1994$50.00 DOCKETING FEE
03/15/1994ORD GRANT APLT MOTION FOR LEAVE TO FILE ADS, DR, & SRT and the lodged docketing statement, designation of record, and statement regarding transcript are filed. (by: WHN)
03/15/1994APPELLANT'S DOCKETING STATEMENT
03/15/1994DESIGNATION OF RECORD
03/15/1994STATEMENT REGARDING TRANSCRIPT(S)
03/28/1994RECORD ON APPEAL
06/03/1994COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
06/03/1994MOTION(S) FEE PAID
09/02/1994ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONand the appearance of Bernard S. Grimm, Esquire, is hereby withdrawn. F/O that appellant shall advise this court within 20 days from the date of this order as to the identity of new counsel, if he intends to proceed on appeal, pro se, or if he seeks court-appointed counsel. (By AMW)
09/21/1994APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL
10/13/1994ORDER - ORDERED that appellant shall, within 20 days from the date of this order, file a motion and affidavit to proceed on appeal in forma pauperis. F/O that the motion of appellant for appointment of counsel is held in abeyance pending compliance with this order. (BY AMW)
10/31/1994APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL
01/04/1995APPOINTING COUNSEL/CO REFERRAL (CJA) Gary L. Segal, Esq.
01/04/1995ORDER GRANTING APLT MO FOR APPOINTMENT OF COUNSEL and Gary L. Segal, Esquire is appointed to represent appellant, Ernest D. Smith, herein. F/O that newly appointed counsel shall within 20 days from the date of this order, advise this court whether any additional transcripts will be ordered for the the purpose of this appeal. (BY AMW)
01/19/1995APPELLANT'S DOCKETING STATEMENT
02/21/1995ORDER: 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 upon a showing of good cause. (By WHN)
02/28/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to rescind briefing schedule.
04/20/1995SUPPLEMENTAL RECORD # 1 (8/20/93 proc.) Gerald Van Bremen, 131 pages
05/05/1995ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to rescind briefing schedule, and the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court.
05/11/1995SUPPLEMENTAL RECORD #2 (41-pgs/Whalin 8/4/93 proc.)
05/16/1995SUPPLEMENTAL RECORD #3 (8/19/93 proc.) Darlene B. Swaringer, 165 pages
05/16/1995error
06/05/1995SUPPLEMENTAL RECORD #5 (567 pgs Shaw) (8/16-18/93 proc)
07/25/1995SUPPLEMENTAL RECORD #6 (326-pgs/hart 8/24,25,26,&27/93 proc.)
08/14/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for substitution. (filed by: Billy L. Ponds)
08/24/1995RECORD COMPLETED
08/24/1995SUPPLEMENTAL RECORD #7 (Bankins 533pgs) (8/10-12/93 proc)
10/24/1995ORDER: Grant the motion of counsel for appellant for substitution of counsel, and Gary L. Segal Esquire, is vacated, and Billy L. Ponds, Esquire is appointed to represent appellant herein. Gary L. Segal, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (BY: AMW)
06/17/1996ORDER: The brief of appellant shall be filed wit hin 40 days from the date of this order, and the brief of appellant 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)
07/11/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until September 30, 1996 (consent)
07/11/1996MOTION(S) FEE PAID
09/12/1996ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed on or before September 30, 1996. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
09/30/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/8/96
09/30/1996MOTION(S) FEE PAID
10/21/1996APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF (consent)
10/21/1996MOTION(S) FEE PAID
10/21/1996RECEIVED appellant's brief
10/24/1996ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEFand the lodged brief of appellant is filed. F/O that the brief of appellee shall be filed on or before November 20, 1996. (BY: GP).
10/24/1996APPELLANT'S BRIEF
11/20/1996APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/20/96
12/13/1996ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellee shall be filed on or before December 20, 1996. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
12/19/1996APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/10/96
01/06/1997ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellee shall be filed on or before January 10, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
01/10/1997APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 2/7/97 no oppo
01/29/1997ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellee shall be filed on or before February 7, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GP) sw
02/07/1997APPELLEE'S BRIEF
02/07/1997BRIEFS COMPLETED
02/12/1997APLE MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEFno oppo
02/12/1997RECEIVED -aple's amended brief
02/13/1997APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 4/7/97
02/13/1997MOTION(S) FEE PAID
02/21/1997FINAL SCREENING - REGULAR CALENDAR
02/21/1997LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
02/25/1997LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/27/1997LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/05/1997ORDERED that the motion of appellee is granted, and the Clerk shall file the lodged corrected brief of appellee. It is FURTHER ORDERED that the motion of appellant for an extension of time to file the reply brief of appellant is granted, and the reply brief of the appellant shall be filed on or before April 7, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: AMW)
03/05/1997CORRECTED APPELLEE'S BRIEF
04/07/1997APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF until April 16, 1997. (consent)
04/07/1997MOTION(S) FEE PAID
04/09/1997ORDER Appellant's motion for enlargment of time file reply brief is granted and appellant's reply brief shall be filed on or before April 16, 1997. (GP)
04/15/1997APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 4/25/97
04/15/1997MOTION(S) FEE PAID
04/30/1997APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
04/30/1997RECEIVED - aplt's reply brief
05/05/1997ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF (GPJ)
05/05/1997APPELLANT'S REPLY BRIEF
05/22/1997APPELLEE'S MOTION TO POSTPONE/CONTINUE ARGUMENT
05/23/1997ORDER On consideration of appellee's motion to postpone oral argument, it is ORDERED that the motion is granted and this appeal is removed from the calendar of May 27, 1997, and rescheduled for argument before this division as a special sitting on June 3, 1997, at 2:00 p.m. Counsel is directed to appear in the courtroom of the District of Columbia Court of Appeals at 1:55 p.m.on that date. (ST/FA/RD)
06/03/1997FiledACTION - Argued / Submitted
06/03/1997ARGUED (ST,FA,RD) Billy L. Ponds, Esquire, for appellant. Thomas J. Tourish Jr., Esquire, for appellee.
07/16/1997AFFIRMED MOJ (ST,FA,RD)
08/07/1997MANDATE ISSUED
11/12/1997CHANGE OF ADDRESS RECEIVED Billy Ponds The Flour Mill 1000 Potomac Street,NW Suite 302 Washington,DC 20007 202 333-2322
12/15/1997COPY OF PETITION FOR WRIT OF CERTIORARI
01/15/1998NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI