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United States Court Cases

District Of Columbia Court Of Appeals Record

KIM LONG KO V. UNITED STATES

Case Information: 93-CF-1322
Short Caption:KIM LONG KO V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Superior Court or Agency Case Number:F11345-92Filed Date:10/15/1993

Opening Event Date:10/15/1993Case Status:Closed
Record Completed:03/24/1995Post-Decision Matter Pending:
Briefs Completed:06/13/1996
Argued/Submitted:02/10/1998
Disposition:Next Scheduled Action:
Mandate Issued:05/04/1999

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantLong Kim Ko N
Roy W. Krieger YN
AppelleeUnited StatesN
John R. Fisher NN
Gregg A. Maisel YN
Elizabeth TrosmanYY

Events
Event DateStatusDescriptionResult
10/15/1993NOTICE OF APPEAL
10/15/1993APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS
11/05/1993APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for appointment as counsel per criminal justice act.
12/07/1993RECORD ON APPEAL
12/14/1993ORDER GRANT APLT MO TO PROCEED IN FORMA PAUPERIS
12/14/1993ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for appointment as counsel per Criminal Justice Act, and Kenneth M. Robinson, Esquire, is appointed to represent appellant herein. F/O that appellant shall, within 15 days from the date of this order, file the docketing statement. (By RO)
12/14/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Kenneth M. Robinson, Esq.
01/06/1994APPELLANT'S MOTION FOR LEAVE TO FILE DS
01/06/1994RECEIVED -aplt's docketing statement
02/18/1994ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS and the docketing statement is filed; the Clerk of the Superior Court shall prepare and transmit the record on appeal to this court without fee forthwith. (By WHN)
02/18/1994APPELLANT'S DOCKETING STATEMENT
03/02/1994COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of Trial 5/3 - 5/7/93 proc. to 6/20/94. crt rptr Herzfeld
03/11/1994ORDER This court's order of February 18, 1994, is vacated as the record on appeal has been filed with this court. (By RO)
03/31/1994ORD GRT CRT REPORTER MO TO EXT TM TO FL TRANSCRIPT of Trial proc. to 6/20/94. (crt rptr Herzfeld)
04/08/1994SUPPLEMENTAL RECORD #1 (37 pages--Bankins) (3/29/93 proc.)
04/29/1994SUPPLEMENTAL RECORD (170 pgs -- WATKINS-GRIFFIN) (APRIL 26, 1993 PROC.)
05/27/1994SUPPLEMENTAL RECORD #3 (384pgs.--Finnerin) (4/28-30/93 proc.)
07/11/1994SUPPLEMENTAL RECORD #4 (1014 pages--Herzfeld) (5/3-7/93 proc.)
09/09/1994SUPPLEMENTAL RECORD #5 (144 pages--Jones) (4/27/93 proc.)
09/12/1994COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
09/14/1994SUPPLEMENTAL RECORD #6 (115 pages--Schertzer) (5/10/93 proc.)
09/28/1994APPELLANT'S ANSWER/RESPONSE to motion of counsel for appellant KO to withdraw.
10/12/1994ORDER: Grant the motion of counsel for appellant to withdraw, and the appointment of Kenneth M. Robinson, Esquire, is vacated, and Roy W. Krieger, ____, Esquire, is appointed to represent appellant herein. Kenneth M. Robinson_, Esquire, shall transmit all documents to this appeal to newly-appointed counsel forthwith. F/O that newly-appointed counsel for appellant shall advise this court, within 20 days from the date of this order, as to the status of the transcripts mentioned above. (By: AMW)
10/12/1994APPOINTING COUNSEL/CO REFERRAL (CJA) Roy W. Krieger, Esq.
10/13/1994RECEIVED supplemental motion for appointment of counsel by pro-se appellant.
10/14/1994LETTER to appellant in response to his October 13, 1994, Supplemental Motion for Appointment of Counsel. (JAC)
11/01/1994APPELLANT'S ANSWER/RESPONSE to this court's order dated October 12, 1994.
01/24/1995SUPPLEMENTAL RECORD #7 (708 pages--Hilton) (4/20-23/93 proc.)
01/26/1995SUPPLEMENTAL RECORD #8 (231-pgs/hilton 4/19/93 proc.)
03/16/1995SUPPLEMENTAL RECORD #9 (147 pgs. - Finnerin) (4/30/93 proc.)
03/24/1995SUPPLEMENTAL RECORD #10 (30 pgs. - Rust) (1/26/93 proc.)
03/24/1995RECORD COMPLETED
09/20/1995LETTER - of aplt re: transcript for case
10/10/1995ORDER: 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)
10/18/1995APPELLANT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME WITHIN TO FILE BRIEF.
10/31/1995ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before December 13, 1995__________. 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)
11/29/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until January 30, 1996. (no oppo)
01/29/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF
02/28/1996RECEIVED - aplt's brief
03/07/1996ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the lodged brief of appellant is filed. F/O that the brief of appellee shall be filed on or before April 3, 1996. (BY: JAC).
03/07/1996APPELLANT'S BRIEF
03/26/1996APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until May 3, 1996.
04/17/1996ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellee shall be filed on or before May 3, 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: JAC)
05/03/1996APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES no oppo
05/03/1996RECEIVED - aple's brief
05/17/1996TMC - Aple's motion to file in excess of 50 pages - Aple's brief (lodged)
05/23/1996APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF until 7/1/96 - no oppo
06/13/1996ORD GRT APLE MO FOR LV TO FL BRF IN EXCESS OF PGS and the Clerk shall file the lodged brief of appellee. (by: RZRDGA)
06/13/1996APPELLEE'S BRIEF
06/13/1996BRIEFS COMPLETED
06/13/1996ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF and the reply brief shall be filed on or before July 1, 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: RZRDGA)
06/27/1996FINAL SCREENING - REGULAR CALENDAR
06/27/1996LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
07/05/1996APLT MO FOR LEAVE TO FILE BRIEF IN EXCESS OF PAGES(reply brief)
07/05/1996RECEIVED - aplt's reply brief
07/05/1996TMC - Appellant's unopposed motion to exceed page limit and for enlargement of time to file reply brief - Reply brief for appellant
07/11/1996LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING filed by appellant's counsel
07/12/1996ORD GRT APLT MO FOR LV TO FL BRF IN EXCESS OF PGS and the Clerk shall file the lodged reply brief of appellant. (by: RZRDGA)
07/12/1996APPELLANT'S REPLY BRIEF
07/29/1996LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/26/1996CHANGE OF ADDRESS RECEIVED by: Roy W. Krieger Paleos & Krieger, P.C. 601 Pennsylvania AVe., N.W. Suite 900 South Washington, D.C. 20004
10/11/1996ARGUED (SC,RD,MK) Roy W. Krieger, Esquire, for appellant. Gregg A. Maisel, Esquire, for appellee.
05/08/1997AFFIRMED Opinion (page 1280) citation: 694 A.2d 73
05/20/1997APPELLANT'S MOTION FOR STAY issuance of the mandate and for enlargment of time to file petition for rehearing en banc
05/22/1997ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB filed on May 20, 1997, and the petition shall be filed on or before June 23, 1997. (WA)
05/22/1997APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 6/23/97
05/28/1997ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB on or before June 23, 1997. (WA)
06/23/1997APLT'S PETITION FOR REHEARING/REHEARING EN BANC
06/23/1997APLE'S PETITION FOR REHEARING/REHEARING EN BANC
07/02/1997ORDER that appellee shall file a response to aplt's petition and that appellant shall file a response to aple's petition (10 copies each) within 20 days from the date of this order. (WA)
07/21/1997APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSE(joint) to pet for reh
07/23/1997ORDER granting the joint motion to extend time to file responses to petitions and the responses of appellant and appellee to each other's petition shall be filed on or before August 5, 1997. (WA)
08/05/1997APPELLANT'S ANSWER/RESPONSE- to aple's petition for rehearing en banc
08/05/1997APPELLEE'S OPPOSITION to appellant's petition for rehearing en banc
11/13/1997ORDER On consideration of appellant's petition for rehearing en banc and appellee's petition for rehearing or rehearing en banc, it is Ordered by the merits division that appellant's petition for rehearing is denied. It is Further Ordered that appellant's petition for rehearing en banc is denied. It is Further Ordered that appellee's petition for rehearing en banc is granted and that the opinion and judgment of May 8, 1997, are hereby vacated. It is Further Ordered that the Clerk shall schedule this matter for argument before the court sitting en banc as soon as the calendar permits. Counsel are to provide 10 copies of the briefs heretofore filed to the Clerk on or before November 24, 1997. It is Further Ordered that the parties shall each file, within 30 days from the date of this order, a supplemental brief addressing the issues raised in appellee's petition for rehearing en banc regarding the Interpreters for Hearing-Impaired and Non-English Speaking Persons Act of 1987, D.C. Code Sec. 31-2701 et seq. (1993). (EB) (Judge Schwelb would grant appellee's petition for rehearing and Judge Ruiz would grant appellant's en banc petition.)
11/13/1997ORDER GRANTING APLE PETITION FOR REHEARING EN BANC(see order dated November 13, 1997)
11/13/1997LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
11/21/1997LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/03/1997LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/11/1997APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFno oppo to 12/22/97
12/22/1997RECEIVED - aplt's supplemental brief
12/22/1997RECEIVED - aple's supp brief
01/14/1998APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM FILED
01/14/1998APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM FILED
01/14/1998ORDER GRANT APLT-X-APLE MO TO EXT TM TO FILE BRIEFS (Supplemental Briefs) - ORDERED on behalf of the en banc court that the motion is granted and appellant's and appellee's lodged supplemental bries are filed. (GPJ)
02/10/1998FiledACTION - Argued / Submitted
02/10/1998ARGUED (WG,TE,ST,SC,FA,KG,RU,RD,MK) Roy W. Krieger, Esquire, for appellant. Elizabeth Trosman, Esquire, for appellee.
04/16/1998LETTER -from aple re: order from J. Hamilton
12/30/1998AFFIRMED Opinion
01/13/1999APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Roy W. Krieger, Esq. (Petition for Writ of Certiorari)
01/15/1999APPELLANT'S MOTION FOR STAY of issuance of the mandate (no oppo).
01/25/1999ORDER granting motion for stay of issuance of mandate
04/02/1999NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
04/28/1999NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
04/28/1999PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED (can issue mandate)
05/04/1999MANDATE ISSUED
06/14/1999COPY OF PETITION FOR WRIT OF CERTIORARI