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United States Court Cases

District Of Columbia Court Of Appeals Record

DAVID R. SPENCER V. UNITED STATES

Case Information: 92-CF-1072
Short Caption:DAVID R. SPENCER V. UNITED STATESClassification:Appeals - Criminal Felony - Other Felony
Lead:92-CF-1072Consolidated: 94-CO-0398
Superior Court or Agency Case Number:F6252-91Filed Date:09/03/1992

Opening Event Date:09/03/1992Case Status:Closed
Record Completed:01/25/1995Post-Decision Matter Pending:
Briefs Completed:10/08/1997
Argued/Submitted:03/04/1998
Disposition:Next Scheduled Action:
Mandate Issued:08/03/1998

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDavid R. Spencer N
Mary E. DavisNY
Dennis M. HartYY
AppelleeUnited StatesN
John R. Fisher NN
Ronald Machen YN

Events
Event DateStatusDescriptionResult
09/03/1992NOTICE OF APPEAL
09/03/1992APPELLANT'S DOCKETING STATEMENT
09/14/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Mary E. Davis, Esq.
09/18/1992SUPPLEMENTAL RECORD #1 (210-pgs/pavlish 5/29/92)
09/18/1992RECORD ON APPEAL
09/29/1992SUPPLEMENTAL RECORD #2 (558-pgs/hunt 6/1 thru 3/92 proc.)
10/29/1992SUPPLEMENTAL RECORD #3 (14 pgs. - moore) (9/2/92 proc.)
11/03/1992SUPPLEMENTAL RECORD - #4 (403 pgs/Swaringer) proc. 5/26-27/92
01/21/1993ORDER: 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)
01/26/1993APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE
03/01/1993ORDER DENYING motion of appellant to hold appeal in abeyance without prejudice to its renewal when motion for new trial is filed in the trial court; counsel for appellant to file a copy of the motion for new trial in 15 days from the date its submitted. (By RO)
03/19/1993APPELLANT'S MOTION FOR RECONSIDERATION of Motion to hol appeal in abeyance.
04/09/1993RECEIVED NOTICE OF FILING MOTION FOR NEW TRIAL
04/22/1993ORDER GRANT APPELLANT MOTION FOR RECONSIDERATION and this appeal is hereby stayed pending further order of this court. 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 pending motion fo ra new trial filed in the trial court. (BY JWR)
04/22/1993CASE STAYED
05/18/1993SUPPLEMENTAL RECORD #5 (order/Judge Burgess Dtd 5/11/93)
05/26/1993STATEMENT of aplt to 4/22/93
06/25/1993SUPPLEMENTAL RECORD #6 (672 pgs. -- Peterson-Hart)(5/19-22/92 proceedings)
08/05/1993SUPPLEMENTAL RECORD - #7 (186 pgs/Swaringer) 5/26/92 proc.
01/13/1994ORDER: Counsel for appellant_ shall advise this court within 15 days from the date of this order as to the status of the motion filed in the trial court pursuant to D.C. Code sec. 23-110. (By WHN)
01/21/1994APPELLANT'S ANSWER/RESPONSE in re to the crt's order of 1/13/94 pretaining to the status of the 23-110.
03/04/1994ORDER: 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 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. (By: WHN)
03/14/1994STATEMENT of appellant pursuant to the court's order of 3/4/94.
04/26/1994ORDER: The stay issued by this court on April 22, 1993, is hereby vacated. F/O, sua sponte, that appeal nos. 92cf1072 and 94co398 are consolidated for all purposes herein. F/O that Mary E. Davis, Esquire, is appointed to represent appellant in appeal no. 94co398. (By: JMF)
04/26/1994PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
05/25/1994SUPPLEMENTAL RECORD #8 (122 pages--Ronan) (4/5/94 proc.)
05/31/1994RECORD ON APPEAL
07/05/1994LETTER - from aplt re: would like a new lawyer
07/07/1994LETTER - the aplt would like court to appoint new counsel
07/08/1994LETTER referring to counsel letters received from appellant on June 30 and July 7, 1994, requesting new counsel. (JAC)
09/13/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for production of complete transcript.
10/12/1994ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for production of complete transcript. F/O that the brief of appellant shall be filed within 40 days from the date of this order. (By: AMW)
10/31/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to reconsider motion for production of complete transcript and to vacate briefing order.
12/13/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for production of complete transcript and to vacate briefing order, and this court's October 12, 1994, order is vacated to the extent that it directed briefing. F/O that the brief of appellant shall be filed within 40 days from the date the complete record, including transcript, is filed with this court. (by: WAGNER)
01/24/1995CHANGE OF ADDRESS RECEIVED by appellant's counsel. Mary E. Davis Davis & Davis 601 Indiana Avenue, N.W. Suite 910 Washington, DC 20004
01/25/1995RECORD COMPLETED
01/25/1995SUPPLEMENTAL RECORD #9 (20 pages--Ronan) (4/5/94 proc.)
06/05/1995ORDER: The brief of appelllant 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)
07/14/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until the transcripts can be obtained and that no issue be excluded.
08/08/1995ORDER: Appellant shall, within 20 days from the date of this order, advise this court, with specificity, of what transcript is still outstanding and of all actions he has taken, including those taken since the date appellant filed his motion for extension of time within which to file the brief, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. F/O that the motion for an extension of time within which to file the brief is hereby held in abeyance pending appellant's response to the order. (By AMW)
08/17/1995STATEMENT - status report filed by appellant's counsel for 92-CF-1072 & 94-CO-398.
12/22/1995ORDERED that the motion for production of transcript is denied without prejudice to its renewal in the trial court. F/O that appellant shall, within 30 days from the date of this order, advise this court of the status of the trial court proceedings to secure the necessary transcript. (BY: AMW).
02/21/1996STATEMENT- from aplt's attorney re: transcript
04/05/1996ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the trial court proceedings to secure the necessary transcript. (By: JAC)
03/28/1997ORDER: Counsel for appellant shall advise this court, within 15 days from the date of this order, as to the status of the trial court proceedings to secure the necessary transcripts. Failure to comply with this order will result in the issuance of a renewed briefing schedule. (By: AMW)
05/19/1997STATEMENT of aplt re status of rt's
06/20/1997RECEIVED letter from appellant, in reference to a briefing schedule
06/20/1997LETTER referring to counsel the letter received from appellant on June 20, 1997. (JAC)
06/25/1997ORDER: The request is granted to the extent that the brief is due within 60 days from the date of this order. Failure t comply may result in counsel's appointment being vacated. (By: GP)
08/25/1997APPELLANT'S BRIEF
09/12/1997APPEARANCE of Dennis M. Hart, as co-counsel for appellant
09/29/1997APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 10/3/97
10/02/1997RECEIVED - aple's brief
10/08/1997ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the lodged brief of appellee is filed. It is F/O that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (BY: GPJ)
10/08/1997APPELLEE'S BRIEF
10/08/1997BRIEFS COMPLETED
10/27/1997FINAL SCREENING - SUMMARY CALENDAR I
03/04/1998FiledACTION - Argued / Submitted
03/04/1998SUBMITTED (FA,RD,BE)
03/04/1998SUBMITTED (FA,RD,BE)
04/23/1998AFFIRMED MOJ (FA,RD,BE)
05/04/1998LETTER referring to counsel the letter received from appellant dated April 29, 1998, regarding the decision in this case. (JAC)
05/11/1998LETTER -from aplt informing court that additional time is need to file petition for rehearing en banc{
05/14/1998APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to recall the mandate
05/19/1998ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB within 30 days from the date of this order. (WA) (pro se motion)
05/19/1998ORDER DENY APLT MISCELLANEOUS SUBSTANTIVE MOTION to recall mandate, construed as a motion to appoint counsel to pursue a motion to recall mandate. (FA/RD/BE)
06/17/1998APLT'S PETITION FOR REHEARING/REHEARING EN BANC
06/26/1998ORDER DENYING APPELLANT'S PETITION FOR REHEARING (pro se petition) (FA,RD,BE)
07/08/1998APLT MO TO EXTEND TIME TO FL PETITION FOR REH/EB
07/16/1998ORD DENY MO OF APLT TO EXT TM TO FL PET FOR REH EB since it appearing that appellant's pro se petition for rehearing was denied on June 26, 1998, and it further appearing that a party is not entitled to file a sequential petition under D.C. App. R. 40. (WA)
08/03/1998MANDATE ISSUED
09/14/1998RECEIVED letter from appellant regarding his dissatisfaction with courts recent decision in his cases.
10/21/1998NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
09/15/2011FiledMotion To Recall The Mandate (Appellant)Denied
09/19/2011FiledTMC/MOTION TO RECALL THE MANDATE
11/07/2011FiledORDER DENYING MOTION TO RECALL THE MANDATE