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United States Court Cases

District Of Columbia Court Of Appeals Record

GARFIELD A. GORDON V. UNITED STATES

Case Information: 92-CF-0476
Short Caption:GARFIELD A. GORDON V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Lead:92-CF-0476Consolidated: 93-CF-0512 , 97-CO-1348 , 97-CO-1599
Superior Court or Agency Case Number:F10200-90Filed Date:04/17/1992

Opening Event Date:04/17/1992Case Status:Closed
Record Completed:07/01/1998Post-Decision Matter Pending:
Briefs Completed:06/23/1999
Argued/Submitted:05/09/2000
Disposition:Next Scheduled Action:
Mandate Issued:11/09/2001
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantGarfield A. Gordon Y
Richard S. Greenlee YN
James W. KleinNY
AppelleeUnited StatesN
John R. Fisher NN
Amul R. Thapar YN

Events
Event DateStatusDescriptionResult
04/17/1992NOTICE OF APPEAL
04/30/1992ORDER APPOINTING James Klein, Esq. as counsel for appellant. docketing statement due in 10 days. (Rogers)
04/30/1992SUPPLEMENTAL RECORD transcript of 8/29, 30th, 9/3, 4, 5, and 6, 1991 Reporter Pavlish - this supplemental record was originally filed in co-def case 92-CF-62, Junior Higgins.
05/11/1992APPELLANT'S DOCKETING STATEMENT
05/21/1992STATEMENT - of aplt re transcript
06/03/1992COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of September 12, 1991 - September 13, 1991 proc. to 9/16/92. (ELIZABETH A. GRAYBILL).
06/03/1992COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of September 9, 1991 - September 10, 1991 proc. to 9/16/92. (ELIZABETH A. GRAYBILL)
06/04/1992RECORD ON APPEAL
06/10/1992COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of trial proc. to 7/30/92. (DONNA M. LEWIS)
07/17/1992ORD DENY CRT REPORTER MO TO EXT TM TO FL TRANSCRPTOF TRIAL PROC. AS UNTIMELY FILED. (CRT RPTR LEWIS)
08/18/1992SUPPLEMENTAL RECORD - #1 (148 pgs/finnerin) proc. 9/11/91
08/25/1992SUPPLEMENTAL RECORD - #2 (669 pgs/lewis) proc. 9/16-19/91
09/08/1992COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of 9/12/91 - 9/13/91 proc. to 9/16/92.
09/08/1992error
08/20/1993APPELLANT'S MOTION FOR SUMMARY REVERSAL
09/01/1993APPELLEE MOTION TO EXTEND TIME TO FILE OPPOSITION until 9/15/93.
09/08/1993TMC - MASRV 8/20
09/15/1993RECEIVED Appellee's response to appellant's motion for summary reversal. (evh)
09/23/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (unopposed) for extension of time to reply to appellee's response to motion for summary reversal, until September 28, 1993.
09/29/1993APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY
09/29/1993RECEIVED Appellant's reply to appellee's response to motion for summary reversal
11/04/1993ORD GRT APLE MO TO EXTEND TIME TO FILE OPPOSITION (MOTION FOR SUMMARY REVERSAL) AND THE LODGED OPPOSITION IS FILED. (By WHG)
11/04/1993APPELLEE'S ANSWER/RESPONSE
11/04/1993ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION (UNOPPOSED MOTION FOR EXTENSION OF TIME IN WHICH TO REPLY TO APPELLEE'S RESPONSE TO MOTION FOR SUMMARY REVERSAL) AND FOR LEAVE TO ACCEPT REPLY ONE DAY OUT OF TIME AND THE LODGED REPLY OF APPELLANT TO APPELLEES RESPONSE TO MOTION FOR SUMMARY REVERSAL IS FILED. (By WHG)
11/04/1993APPELLANT'S ANSWER/RESPONSE TO APPELLEE'S RESPONSE TO MOTION FOR SUMMARY REVERSAL
04/14/1994APPELLANT'S MOTION TO STAY CONSIDERATION OF APPEAL AND TO EXPEDITE DECISION ON MOTION FOR SUMMARY REVERSAL.
07/01/1994ORDER case is stayed and appellant shall advise this court in 30 days as to the status of the motions to vacate judgment and for a new trial pursuant to D.C. Code sec. 110 and Super Crt. Crim. R. 3; the motion for summary reversal, construed as a motion for a remand of the record for a Jencks Act hearing, is granted and the record on appeal is remanded so that, at any hearing on the pending motion to vavate judgment and for a new trial pursuant to D.C. Coder 23-110 and Super CRt. R. 33, the trial court may also consider the Jencks Act issues which are the subject of the governement concessions in its response to appellant's motion for summary reversal, construed as a motion for a remand of the record for a Jencks Act hearing, and any further Jencks Act inquiries that the trial court may deem advisable or appropriate in light of the proceedings at trial. (By ST-SC-KN)
07/01/1994CASE STAYED
08/01/1994APPELLANT'S ANSWER/RESPONSE to court's order of July 1, 1994.
09/20/1994ORDER: Counsel for appellant shall advise this co urt within 30 days from the date of this order as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. 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 two appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322 (D.C. 1989). (By WHG)
10/20/1994STATEMENT filed by appellant's counsel, status of 23-110 motion.
02/03/1995ORDER: Counsel for appellant shall advise this co urt within 30 days from the date of this order as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. 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 two appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322 (D.C. 1989). (By WHG)
03/01/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
05/16/1995ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed 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. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: WHN)
06/15/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for extension of time in which to file status report.
06/21/1995RECEIVED APLT'S STATEMENT REF: 23-110
07/06/1995ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION and the lodged status report of appellant is filed. 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 WHG).
07/06/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
08/07/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
11/03/1995ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed 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. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: WHN)
12/04/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
01/04/1996CASE STAYED
01/04/1996ORDERED that this court's April 26, 1994, order is hereby vacated. F/O that the motion of appellant to reinstate appeal is granted, and appeal no. 93-CF-512 is hereby reinstated. F/O that the motion of appellant in 93-CF-512 to hold appeal in abeyance is granted, and appeal no. 93-CF-512 is stayed pending disposition of his motion filed in the trial court pursuant to D.C. Code Section 23-110. F/O , sua sponte, that appeal no. 93-CF-512 is consolidated with appeal no. 92-CF-476 for all purposes. F/O that counsel for appellants shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 21 Section 23-110. If the motion in the trial court is denied. review of that denial may be sought only by filingseparate notices of appeal, which will be consolidated with the instant appeals. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (BY: TE, RZ, & PY)
02/05/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
04/12/1996SUPPLEMENTAL RECORD #3 (46 pages--D.T. Finnerin) (9/11/91 proc.) for Wesley Samuel Williams in 93 CF 512.
04/24/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed 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. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: JAC)
05/01/1996APPELLANT'S RESPONSE to court's order for Wesley Samuel Williams in 93 CF 512
05/20/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
09/09/1996ORDERED that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the outcome of the hearing scheduled May 29, 1996, pursuant to D.C. Code Section 23-110. 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 two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (BY: GPJ)
09/11/1996APPELLANT'S ANSWER/RESPONSE to court's order for Wesley S. Williams in 93 CF 512
10/09/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
12/06/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed 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. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: GPJ)
01/06/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/07/1997ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. If the motion filed 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. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: GP)
03/10/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (appellant's)
03/28/1997ORDERED, 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, 1997, as to the status of the p roceedings 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: GPJ)
07/01/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION for 92 CF 476
11/14/1997PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
11/14/1997ORDER: Sua sponte, that the stay entered in 93-CF-512 and 92-CF-476 is hereby vacated. (MORE)
11/14/1997ORDER, SUA SPONTE, CONSOLIDATING APPEALS that appeals nos. 97-CO-1348 and 97-CO-1599 are consolidated with previously consolidated appeals nos. 92-CF-476 and 93-CF-512 for all purposes herein. FO that appellant in appeal no. 97-CO1348 shall, within 20 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 recordand statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. FO that appellant in appeal no. 97-CO-1348 shall simulateously file a copy of those documents with this court, accompanied by a motion for leave to file the 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 the documents or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (By: AMW)
11/24/1997RECORD ON APPEAL
12/09/1997APPELLANT'S MOTION FOR LEAVE TO FILE DS 97 co 1348
12/09/1997RECEIVED - aplt's docketing statement (RT Ordered) (vvd)
12/09/1997$50.00 DOCKETING FEE
12/10/1997RECEIVED - DR/SRT
12/22/1997ORDER: Grant motion of appellant for leave to file the docketing statement, designation of record and statement regarding transcript, and the lodged docketing statement, designation of record and statement regarding transcript in appeal no. 97-CO-1348 are filed. (By: GP)
12/22/1997APPELLANT'S DOCKETING STATEMENT
12/22/1997DESIGNATION OF RECORD in appeal no. 97-CO- 1348.
12/22/1997STATEMENT REGARDING TRANSCRIPT(S) in no. 97-CO-1348.
02/26/1998COPY OF SUPERIOR COURT LETTER for 97co1348 (vvd) waiting for aplt's attorney to pay and pick up record from ACO
03/03/1998RECORD ON APPEAL in 97-CO-1348
06/30/1998SUPPLEMENTAL RECORD #4 (155 pgs. -- Sargent-Burns)(11/6/95 proc. )
07/01/1998SUPPLEMENTAL RECORD - #5 (100 pgs/Salazar) 12/21/95 proc.
07/01/1998SUPPLEMENTAL RECORD - #6 (70 pgs/Jones) 6/25/96 proc.
07/01/1998SUPPLEMENTAL RECORD - #7 (150 pgs/Pavlish) 7/25/95 proc.
07/01/1998SUPPLEMENTAL RECORD - #8 (64 pgs/Watson) 2/9/96 proc.
07/01/1998SUPPLEMENTAL RECORD - #9 (253 pgs/Coney) 5/12/95 proc.
07/01/1998SUPPLEMENTAL RECORD - #10 (81 pgs/Allison) 4/29/96 proc.
07/01/1998RECORD COMPLETED
07/30/1998ORDER: The brief 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)
08/18/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Wesley) for 90 days
08/26/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant Wesley S. Williams shall be filed on or before December 7, 1998. (By: GP)
09/08/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Gordon) for 30 days no opo
09/16/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellant Garfield A. Gordon shall be filed on or before October 8, 1998. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
10/08/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oopop for 30 days (Gordon)
10/16/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant Garfield A. Gordon shall be filed on or before November 8, 1998. FO that the brief of appellant Wesley Samuel Williams still remains due on or before December 7, 1998. (By: GP)
11/09/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 45 days (Gordon) (vvd)
11/17/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the brief of appellant Garfield A. Gordon, shall be filed on or before December 24, 1998. Failure to comply with this order shall subject appeals nos. 92-CF-476 & 97-CO-1599 to dismissal without further notice. It is F/O that the brief of appellant Wesley Samuel Williams remains due to be filed with this court on or before December 7, 1998. (BY: GPJ)
12/04/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Williams) to 45 days
12/04/1998MOTION(S) FEE PAID for maxb (Williams)
01/06/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo (Gordon) TO 2/8/99
01/07/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant Wesley Samuel Williams shall be filed on or before January 19, 1999. It is F/O that counsel for appellant Garfield A. Gordon 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 extension of time within which to do so. Failure to comply with this order shall result in counsel's appointment being vacated. (BY: GPJ)
01/19/1999ORDERED, sua sponte, that this court's order of January 7, 1999, which directed counsel for appellant Garfield A. Gordon to file the brief, accompanied by a motion, is hereby amended to the extent indicated herein. It is (More)
01/19/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellant Garfield A. Gordon shall be filed on or before February 8, 1999. It is F/O that the brief of appellant Wesley Samuel Williams remains due to be filed with this court on or before January 19, 1999. (BY: AMW)
01/25/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Williams) to 3/19/99 no oppo
01/25/1999MOTION(S) FEE PAID
02/08/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Gordon) to 3/29/99 no oppo
02/26/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the brief of appellant Wesley Samuel Williams shall be filed on or before March 19, 1999. No further requests for extensions of time will be granted absent a showing of extraordinary circumstances. Failure to comply with this order shall subject appeals nos. 93-CF-512 and 97-CO-1348 to dismissal without further notice. It is (More)
02/26/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the brief of appellant Garfield A. Gordon shall be filed on or before March 29, 1999. No further requests for extensions of time will be granted absent a showing of extraordinary circumstances. Failure to comply with this order shall result in counsel's appointment being vacated in appeals nos. 92-CF-476 and 97-CO-1599. (BY: AMW)
03/12/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Williams) no opppo to 4/5/99
03/12/1999MOTION(S) FEE PAID
03/30/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF and mot to file 1 days late
04/05/1999RECEIVED - aplt's brief (Williams)dfe
04/16/1999 On consideration of the consent motions of appellants for extensions of time within which to file the briefs, and the lodged brief of appellant in appeal numbers 93-CF-512 and 97-CO-1348, it is ORDERED that the motion for an extension of time within which to file the brief in appeal numbers 92-CF-476 and 97-CO-1599 is granted, and the brief of appellant shall be filed on or before May 10, 1999. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall result in counsel's appointment being vacated. It is FURTHER ORDERED that the motion for an extension of time within which to file the brief for appeal numbers 93-CF-512 and 97-CO-1348 is granted, and the Clerk shall file the lodged brief of appellant. (By: AMW)
04/16/1999APPELLANT'S BRIEF (Wililams)
05/10/1999APPELLANT'S BRIEF
06/04/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 6/23/
06/10/1999ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellee shall be filed on or before June 23, 1999. (BY: GPJ)
06/10/1999STATEMENT of aplt Wesley Williams rule 28(J)
06/23/1999APPELLEE'S BRIEF
06/23/1999BRIEFS COMPLETED
07/12/1999FINAL SCREENING - REGULAR CALENDAR
07/19/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
01/07/2000APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (williams)
01/07/2000MOTION(S) FEE PAID
01/07/2000RECEIVED- aplt's reply brief (William)
01/07/2000APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (gordan)
01/07/2000RECEIVED - aplt's reply brief (Gordon)
01/11/2000ORDER GRANT APLTS' MOTION FOR LV TO FILE REPLY BRIEFS, and the lodged reply briefs are filed. (By: GP)
01/11/2000APPELLANT'S REPLY BRIEF (GORDON)
01/11/2000APPELLANT'S REPLY BRIEF (WILLIAMS) (See corrected reply brief filed on 1/18/00)
01/11/2000APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file corrected reply brief no oppo Williams
01/11/2000RECEIVED - corrected reply brief (Williams)
01/11/2000MOTION(S) FEE PAID
01/14/2000CERTIFICATE PER RULE 28
01/18/2000ORDERED that the motion of appellant Williams' is granted, and the Clerk is directed to file the lodged corrected reply brief of appellant Williams. It is (MORE)
01/18/2000APPELLANT'S REPLY BRIEF (WILLIAMS) (CORRECTED)
01/18/2000FURTHER ORDERED that the motion of appellant Gordon is granted, and this appeal is removed from the regular calendar of January 18, 2000, and is rescheduled as a special sitting for oral argument on February 7, 2000, at 9:30 a.m. The parties are to be present in the District of Columbia Court of appeals courtroom, located on the sixth floor, at 9:25 a.m. on that date. (By: RZ, GL & WH)
02/03/2000APPELLANT'S MOTION TO POSTPONE/CONTINUE ARGUMENT
02/07/2000On consideration of appellant Gordon's consent motion to postpone oral argument, it is ORDERED that the motion is granted, and these appeals are removed from the calendar of February 7, 2000. The Clerk is directed to reschedule these matters for argument as a special sitting before this division as soon as the calendar permits. (BY: RZ, GL & WH)
04/06/2000It is ORDERED that these cases are set for argument as a regular calendar special sitting on Tuesday, May 9, 2000, at 2.00 p.m. Tha 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. (RZGLWH)
05/09/2000FiledACTION - Argued / Submitted
05/09/2000ARGUED (RU, GL,WS) Mark J. Rochon, Esq., for appellant. Richard S. Greenlee, Esq., for appellant. Amul Thapar, Esq., for appellee.
10/18/2001FiledREVERSED AND REMANDED opinion
11/09/2001MANDATE ISSUED