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United States Court Cases

District Of Columbia Court Of Appeals Record

HERBERT H. GIBSON V. UNITED STATES

Case Information: 93-CO-0609
Short Caption:HERBERT H. GIBSON V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Lead: 90-CF-0319 Consolidated: 90-CF-0489 , 93-CO-0609
Superior Court or Agency Case Number:F12406-88Filed Date:05/04/1993

Opening Event Date:05/04/1993Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:11/19/1993
Argued/Submitted:03/15/1994
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantHerbert H. Gibson N
AppelleeUnited StatesN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
05/04/1993NOTICE OF APPEAL
06/09/1993SUPPLEMENTAL RECORD #4 (17-pgs/jones 12/2/92 proc.)
06/16/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Lawrence M. Baskir, Esq.
06/16/1993PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
06/16/1993ORDER, SUA SPONTE, CONSOLIDATING APPEALS and no. 93-CO-609 is consolidated with previously consolidated appeal nos. 90-CF-319 and 90-CF-489 for all purposes. F/O Lawrence M. Baskir, Esquire, is appointed to represent appellant Herbert Gibson in no. 93-CO-609. F/O that appellant in no. 93-CO-609 shall file the docketing statement within 15 days from the date of this order. (By RO)
06/22/1993APPELLANT'S DOCKETING STATEMENT in 93CO609
07/15/1993RECORD ON APPEAL
10/07/1993APPELLANT'S MOTION TO CONSOLIDATE appeal numbers 90 CF 319 with 93 CO 609 and to request to docket brief.
10/07/1993APPELLANT'S MOTION TO CONSOLIDATE appeal numbers 90 CF 319 with 93 CO 609 and request to docket brief.
10/07/1993RECEIVED - APPELLANT'S BRIEF
10/28/1993ORDER DENYING APPELLANT'S MOTION TO CONSOLIDATE
10/28/1993ORDER 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 9, 1993. Any request for extension of time will be looked upon with disfavor.
10/28/1993APPELLANT'S BRIEF - filed
11/09/1993APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until 11/19/93.
11/19/1993RECEIVED appellee's brief.
11/19/1993BRIEFS COMPLETED
12/01/1993ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEFand the lodged brief is filed. F/O that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (by: WHN)
12/01/1993APPELLEE'S BRIEF
12/13/1993FINAL SCREENING - REGULAR CALENDAR
12/15/1993COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
01/25/1994ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONand the appointment of Lawrence M. Baskir, Esquire, is hereby vacated and Peter Meyers, Esquire, is appointed to represent appellant herein. Lawrence M. Baskir, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (By RO)
01/25/1994APPOINTING COUNSEL/CO REFERRAL (CJA) Peter H. Meyers, Esq.
02/04/1994CHANGE OF ADDRESS RECEIVED by appellant's attorney Peter H. Meyers. Peter H. Meyers 4415 Fessenden Street, N.W. Washington, D.C. 20016
03/08/1994Appelllant's supplemental MEMORANDUM concerning recent decision.
03/10/1994Trans to division correspondence filed on 3/8/94 by counsel for appellant as a 28 (k), but treated as a supplemental memorandum
03/15/1994FiledACTION - Argued / Submitted
03/15/1994ARGUED (FE,ST,SU) John C. Krollman, esquire, for appellant. Peter Myers, Esquire, for appellant. Laura A. Cordero, Esquire, for appellee.
10/27/1994COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
11/10/1994REVERSED AND REMANDED Opinion
11/23/1994APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until 12/12/94.
12/13/1994APLT MOTION FOR LEAVE TO FILE PET FOR REH/REH EB
12/13/1994RECEIVED appellee's petition for rehearing, or in the alternative, rehearing en banc.
12/22/1994ORDER grant the motion of counsel for aplt in no. 90-CF-489 to withdraw and the appointment of John C. Krollman, Esq., is hereby vacated and Howard F. Bramson, Esq., is hereby appointed as counsel to represent aplt in no. 90-CF-489. John Krollman, Esq., shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. Further Ordered that aple's motion to extend time to file pet for reh/reh en banc is granted and the Clerk is directed to file the lodged petition. (WA)
12/22/1994APLE'S PETITION FOR REHEARING/REHEARING EN BANC
01/17/1995ORDER directing appellants within 20 days from the date of this order to file response (10 copies) to pet for reh/reh en banc. (WA)
01/27/1995APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITIONto petition for rehearing or rehearing en banc for 20 days.
01/30/1995APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto the government's motion for a rehearing en banc. (of appellant in no. 90-CF-489)
02/01/1995ORD GRT APLT MO TO EXTEND TIME TO FILE OPPOSITION to aple's pet for reh/reh en banc on or before February 28, 1995. (WA) (for appellant in nos. 90-CF-319 and 93-CO-609)
02/03/1995ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE (of appellant in no. 90-CF-489) to pet for reh/reh en banc on or before February 23, 1995. (WA)
02/21/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to adopt and join the response of the co-appellant in his opposition to the government's petition for a rehearing or a rehearing en banc in this appeal.
02/22/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/28/1995APPELLANT'S OPPOSITION to petition for rehaering, or in alternative rehearing en banc.
03/10/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to adopt and join the response of the co-aplt in his oppo to the aple's pet for reh/reh en banc
06/30/1995CERTIFICATE PER RULE 28
01/19/1996CERTIFICATE PER RULE 28
10/03/1996ORDER On consideration of the pending petition of appellee for rehearing in these appeals and of this court's en banc opinion in Lyons & Cooper v. United States, slip op., October 3, 1996, it is Ordered that the parties shall, within 20 days from the date of this order, submit supplements to the petition and the answers thereto, addressing the effect of Lyons & Cooper upon the issues presented in the instant appeals. (Former Associate Judge Sullivan was a member of the division that decided this case. After his departure from the court, Senior Judge Gallagher was selected by lot to replace him.) (FE,ST,GA)
10/22/1996APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
10/23/1996APPELLANT'S OPPOSITION - to petiton for rehearing or inthe alternative, for rehearing en banc (supplemental)
10/23/1996APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
11/12/1996CHANGE OF ADDRESS RECEIVED by appellant's counsel Peter H. Meyers 2000 G Street, NW Suite 200 Washington, DC 20052