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United States Court Cases

District Of Columbia Court Of Appeals Record

BYRON COLE V. UNITED STATES

Case Information: 92-CF-1407
Short Caption:BYRON COLE V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:F340-91Filed Date:11/12/1992

Opening Event Date:11/12/1992Case Status:Closed
Record Completed:09/08/1995Post-Decision Matter Pending:
Briefs Completed:02/21/1996
Argued/Submitted:05/21/1996
Disposition:Next Scheduled Action:
Mandate Issued:09/12/1996
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantByron ColeY
Kenneth D. AuerbachNY
Martha J. Mullen YN
AppelleeUnited StatesN
John R. Fisher NN
John Moustakas YN

Events
Event DateStatusDescriptionResult
11/12/1992NOTICE OF APPEAL
12/08/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Ronald A. Goodbread, Esq.
12/30/1992RECORD ON APPEAL w/198 pgs/Allison - 8/14/92 proc.
01/11/1993SUPPLEMENTAL RECORD #1 (14-pgs/burns 7/22/92 proc.)
01/12/1993COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of 8/13/92 proc. to 3/1/93. (crt rptr D. Jones)
02/05/1993SUPPLEMENTAL RECORD - #3 (151 pgs/Herzfeld) 8/12/92 proc.
02/18/1993ORDER: 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, setting 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 his appointment being vacated. (By RO)
02/22/1993SUPPLEMENTAL RECORD #4 (158 pgs. -- Calhoun) (8/11/92 proceedings)
03/01/1993RECEIVED appellant's docketing statement.
03/01/1993APPELLANT'S MOTION FOR LEAVE TO FILE DS
03/11/1993SUPPLEMENTAL RECORD #5 (78-pgs/jones 8/13/92 proc.)
03/22/1993ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS and the lodged docketing statement is filed. (GR) (BY WHN)
03/22/1993APPELLANT'S DOCKETING STATEMENT
04/16/1993SUPPLEMENTAL RECORD #5 (24 pgs. - Majors) (10/19/92 proc.)
05/04/1993SUPPLEMENTAL RECORD #6 (90-pgs/Jones 8/13/92 proc.)
05/11/1993SUPPLEMENTAL RECORD #7(7-pgs/robinson 10/26/92 proc.)
06/11/1993ORDER: 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. (By WHN)
07/08/1993ORD DENY CRT REPORTER MO TO EXT TM TO FL TRANSCRPT of 8/13/92 proc. as MOOT. (crt rptr Jones)
07/21/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF or alternatively for leave to withdraw as counsel.
12/17/1993RECEIVED- supplement to motion to enlarge time with which to file aplt's brief or alternatively for leave to withdraw as counsel
01/25/1994RECEIVED appellant's motion to provide him with a copy of transcript.
02/18/1994SUPPLEMENTAL RECORD #8 (10 pages--Rust) (8/10/92 proc.)
03/10/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellant shall be filed within 40 days from the date of this order. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
03/14/1994APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
04/13/1994SUPPLEMENTAL RECORD #9 (37 pages--Calhoun) (8/10/92 proc.)
04/19/1994LETTER referring to counsel a motion from appellant to provide him with a copy of the transcript. (JAC)
04/20/1994ORD GRANT APLT MO FOR LV TO SUPPLEMENT THE RECORD and appellant shall make the necessary arrangements to have the items specified in his motion prepared and transmitted to this court as a supplemental record. (by: FERREN)
02/03/1995COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
02/24/1995ORDER: Grant the motion of counsel for appellant to withdraw and the appointment of Ronald A. Goodbread, Esquire, is vacated, and Martha J. Mullen, Esquire, is appointed to represent appellant herein. Ronald A. Goodbread, Esquire, shall transmit all documents to this appeal to newly-appointee counsel forthwith. (By AMW) F/O that newly-appointed counsel for appellant shall, within 20 days from the date of this order, advise this court as to whether any additional trnascript will be ordered for the purpose of this appeal. (BY AMW)
02/24/1995APPOINTING COUNSEL/CO REFERRAL (CJA) Martha J. Mullen, Esq.
03/17/1995NOTICE RECEIVED from appellant re: compliance with the Court's order as to transcript status.
08/14/1995SUPPLEMENTAL RECORD #11 (116 pages--Tape) (8/18/92 proc.)
09/08/1995SUPPLEMENTAL RECORD #2 (336 pgs. -- Mollichelli) (8/17-21/92 proceedings).
09/08/1995RECORD COMPLETED
10/16/1995ORDER: 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. 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: WHN)
10/20/1995RECEIVED Appellant's motion to allow lodged brief to be deemed as filed in slight excess of the page limitation set by the pertinent rule of court. (sent back for failure to comply with rule 27)
10/26/1995UNCONTESTED MOTION TO ALLOW LODGED BRIEF TO BE DEEMED AS FILED IN SLIGHT EXCESS OF THE PAGE LIMITATION SET BY THE PERTINENT RULE OF COURT.
10/26/1995RECEIVED Appellant's Brief
11/06/1995TMC - Aplt's uncontested motion for leave to file brief in excess of 50 page limit - Aplt's brief (lodged)
11/08/1995APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until December 20, 1995. (no oppo)
12/20/1995RECEIVED - aple's brief
01/29/1996ORD DENY APLT MO FOR LV TO FL BRF IN EXCESS OF PGS F/O that appellant shall, within 14 days from the date of this order, file a brief tht conforms with D.C. App. R. 28 (g). F/O that the motion of appellee for an extension of time within which to file its brief is held in abeyance pending the filing of the brief of appellant. (by: TERZPY)
02/09/1996RECEIVED appellant's brief (corrected)
02/21/1996ORDER that the lodged corrected brief of appellant is filed. (by: JAC)
02/21/1996APPELLANT'S BRIEF (corrected)
02/21/1996ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the lodged brief of appellee is filed. F/O that this case shall be scheduled for consideration before a merits division of this court as soon as the calendar permits. (by: JAC)
02/21/1996APPELLEE'S BRIEF
02/21/1996BRIEFS COMPLETED
02/27/1996FINAL SCREENING - REGULAR CALENDAR
02/27/1996LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
03/13/1996LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING filed by: Martha Mullen
03/25/1996APLE MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF
03/25/1996RECEIVED - aple's corrected brief
03/27/1996ORD GRT APLE MO FOR LV TO FL AMENDED/CORRECTED BRF and the lodged amended brief of appellee is filed. (BY: JAC).
03/27/1996AMENDED APPELLEE'S BRIEF
05/09/1996ORDER It is ORDERED, sua sponte, that this matter is removed from the Regular Calendar of May 6, 1996, and rescheduled for argument as a special sitting on Tuesday, May 21, 1996, at 2:00 p.m. The parties are to be present in the District of Columbia Court of Appeals courtroom, located on the sixth floor, at 1:55 p.m. on that date. (FE/ST/FA)
05/21/1996FiledACTION - Argued / Submitted
05/21/1996ARGUED (FE,ST,FA) Martha J. Mullen, Esquire, for appellant. John Moustakas, Esquire, for appellee.
06/13/1996AFFIRMED Opinion
06/26/1996APLT MO TO EXTEND TIME TO FILE PET FOR REHEARING to 7/15/96 no oppo
07/25/1996APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth D. Auerbach, Esq. (Petition for Writ of Certiorari)
07/25/1996ORDER On consideration of the unopposed motion of counsel for aplt to extend time to file a pro se pet for rehearing and aplt's pro se request for appointment of counsel to file pet for reh/reh en banc, recall the mandate, and petition for certiorari to the U.S. Supreme Court, it is Ordered that counsel's motion to extend time for aplt to file pro se petition is granted and aplt shall file a petition within 14 days from the date of this order. FO that aplt's pro se request for appointment of counsel to file pet for reh/reh en banc is denied. FO that aplt's pro se request for appointment of counsel to file pet for writ of cert to the U.S. Supreme Court is granted and Kenneth D. Auerbach, Esquire, is hereby appointed for the purpose of filing a petition for writ of certiorari to the U.S. Supreme Court. (FE,ST,FA)
09/12/1996MANDATE ISSUED
10/04/1996NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI Supreme Court No. 96-5935
10/18/1996NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI Supreme Court No. 96-5935
01/09/1997COPY OF PETITION FOR WRIT OF CERTIORARI
04/27/2017FiledMotion For Leave to File motion to recall mandate (Appellant)Denied
04/27/2017FiledMotion To Recall The Mandate (Appellant)Denied
04/27/2017FiledOrder Denying motion to recall mandate & motion for leave (originally filed in 16-CO-234)