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United States Court Cases

District Of Columbia Court Of Appeals Record

DWIGHT D. DAVIS V. UNITED STATES

Case Information: 92-CF-1132
Short Caption:DWIGHT D. DAVIS V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:92-CF-1132Consolidated: 95-CO-0570
Superior Court or Agency Case Number:F8123-91Filed Date:09/10/1992

Opening Event Date:09/10/1992Case Status:Closed
Record Completed:07/10/1995Post-Decision Matter Pending:
Briefs Completed:07/18/1996
Argued/Submitted:12/15/1997
Disposition:Next Scheduled Action:
Mandate Issued:03/24/1998
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDwight D. Davis Y
Irwin A. Goldberg YN
AppelleeUnited StatesN
John L. Brownlee YN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
09/10/1992NOTICE OF APPEAL
09/29/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Frederick J. Sullivan, Esq.
11/03/1992COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of 6/8/92 - 6/12/92 proc. to 1/20/93. (crt rptr Ramos)
11/05/1992RECORD ON APPEAL
11/25/1992SUPPLEMENTAL RECORD #1 (383 pgs. - Hawkins) (6/15/92 - 6/18/92 proc.) (see 92-CF-1150 for RT)
12/02/1992ORDER: 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)
12/09/1992APPELLANT'S MOTION FOR LEAVE TO FILE DS
12/10/1992RECEIVED - ADS
12/11/1992ORD GRT CRT REPORTER MO TO EXT TM TO FL TRANSCRIPT of 6/8 - 6/12/92 proc. to 1/20/93. (crt rptr Ramos)
12/14/1992SUPPLEMENTAL RECORD #2 (114 pgs. -- Hilton) (6/12/92 proceedings). (See: 92-CF-1150 for RT)
12/23/1992ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS and the docketing statement is filed; the brief of appellant shall be filed within 40 days from the date of this order. (By WHN)
12/23/1992APPELLANT'S DOCKETING STATEMENT
01/13/1993ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos 92-CF-1132 & 92-CF-1150 are consolidated for all purposes herein. F/O that brief of appellant in 92-CF-1150 shall be filed within 40 days from the date of this order. (RO)
02/04/1993SUPPLEMENTAL RECORD - #3 (842 pgs/Ramos) 6/8-12/92 proc.
02/04/1993RECORD COMPLETED in 92-CF-1132
02/22/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 3/24/93. (no oppo.)
03/04/1993ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant shall be filed on or before March 24, 1993. Any further request for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
03/04/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for a 60 day extension.
03/19/1993SUPPLEMENTAL RECORD #4 (27-pgs/hunt 6/4/92 proc.)
03/23/1993SUPPLEMENTAL RECORD #5 (31-pgs/janifer 8/25/92 proc.)
03/24/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 4/24/93 (no oppo)
04/01/1993SUPPLEMENTAL RECORD #6 (25-pgs jones 1/7/92 proc.)
04/02/1993ORD GRANT APLTS MOTIONS TO EXTEND TIME TO FILE BRIEF and the brief of appellant in no. 92-CF-1132 shall be filed on or before April 30, 1993, and the brief of appellant in no. 92-CF-1150 shall be filed on April 23, 1993. NFX. (By WHG)
04/26/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (no week) (no oppo) 92cf1150
04/30/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to June 15, 1993
05/04/1993APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
05/04/1993RECEIVED - aplt's brief (Shawn M. Ruffin)
05/14/1993ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF ,and for an extension of time to file his brief, (of aplt Shawn M. Ruffin) and the lodged brief is filed. (BY WHN)
05/14/1993APPELLANT'S BRIEF (of aplt Shawn M. Ruffin)
05/14/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, of Dwight D. Davis, and the brief of appellant, Dwight D. Davis, shall be filed on or before June 15, 1993. (BY WHN)
06/15/1993APPELLANT'S BRIEF
07/07/1993APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to August 2, 1993.(no oppo)
07/13/1993ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF to and including August 2, 1993. (By WHN)
07/29/1993SUPPLEMENTAL RECORD #1 (19-pgs/pavlish 9/3/92 proc.)
07/29/1993RECORD COMPLETED
08/03/1993APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
08/03/1993RECEIVED - aple's brief
08/03/1993APPELLEE'S MOTION FOR LEAVE TO FILE BRIEF
08/31/1993APPELLEE'S MOTION FOR LEAVE TO FILE amended BRIEF (unopposed)
08/31/1993RECEIVED Amended Brief for Appellee.
11/04/1993ORDER GRANT APLE MOTION FOR LEAVE TO FILE BRIEF AND FOR LEAVE TO FILE THE AMENDED BRIEF AND THE LODGED BRIEF AND AMENDED BRIEF ARE FILED. F/O THAT THIS APPEAL SHALL BE SCHEDULED FOR CONSIDERATION BEFORE A MERITS DIVISION AS SOON AS THE CALENDAR PERMITS. (By WHG)
11/04/1993ORD DNY APLE MO TO EXT TM TO SUPPLEMENT THE RECORDAS MOOT. (By WHG)
11/04/1993APPELLEE'S BRIEF
11/04/1993APPELLEE'S AMENDED/CORRECTED BRIEF
11/04/1993BRIEFS COMPLETED in 92-CF-1132
12/03/1993FINAL SCREENING - REGULAR CALENDAR
02/04/1994RECEIVED appellant's pro-se motion to stay appeal pursuant to rule 26 appeals court rules. 2/7/94 (Trans) kho
02/09/1994ORDER - Grant motion to stay filed pro se by appellant in no. 92-cf-1132 on behalf of the merits division assigned to consider these matters. and that no. 92-CF-1132 is removed from the regular calendar of February 15, 1994. Counsel for appellant is directed to advise this court within 30 days of the date of this order of the status of the issues raised by appellant's motion. F/O that appeal no. 92-CF-1150 is severed from appeal no 92-CF-1132. Appeal no. 92-CF-1150 remains scheduled for argument on the regular calendar of February 15, 1994. WHN
02/10/1994CERTIFICATE PER RULE 28
02/10/1994COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS
02/25/1994Transmit on vote aplt's motion to withdraw as counsel filed on 2/10/94. kho
03/03/1994ORDER - Grant appellant's motion of Frederick J. Sullivan, Esquire, for leave to withdraw as counsel for appellant and appointment of Frederick J. Sullivan, Esquire, is vacated and Matthew C. Leefer, Esquire, is appointed to represent appellant. Frederick Sullivan, Esquire, shall transmit all documents pertaining to this appeal to newly appointed counsel forthwith. F/O that counsel for appellant shall within 40 days from the date of this order file an appropriate motion with this court or advise the court that no motion will be filed. FAKGKN
03/03/1994APPOINTING COUNSEL/CO REFERRAL (CJA) Matthew C. Leefer, Esq.
04/12/1994APPELLANT'S MOTION FOR FORTY (40) DAY EXTENSION OF TIME WITHIN WHICH TO FILE MOTION OR ADVISEMENT AS TO FILING OF MOTION.
05/20/1994APPELLANT'S MOTION FOR ADDITIONAL THIRTY(30) DAYS EXTENSION OF TIME WITHIN WHICH TO FILE MOTION OR ADVISEMENT AS TO FILING OF MOTION.
06/22/1994APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE untl resolution of motion to e filed by appellant in Superior Cort.
10/12/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION (both motions) for an extension of time within which to file a motion or advisement as to the filing of a motion. (More)
10/12/1994ORDER DENYING APLT MOTION TO HOLD CASE IN ABEYANCE without prejudice to its renewal upon the filing of a motion in the Superior Court. (By: AMW)
12/22/1994ORDER: Counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of this appeal. (By: WHN)
01/23/1995STATEMENT of appellant as to status of motion to vacate filed in Superior Court.
01/23/1995APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE until resolution of motion to vacate filed by aplt filed by aplt in superior court
03/30/1995ORDER GRANT APLT MOTION TO HOLD CASE IN ABEYANCE and this appeal is hereby stayed pending further order of this court. 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). F/O that counsel for appellant shall advisethis court within 30 days from the date of this order as to the status of the proceedings in the trial court. (By AMW)
05/01/1995STMT/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)
05/16/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (TITLED: Appellant's final report concerning status of motion to vacate filed in superior court.) (Filed By: Matthew C. Leefer)
06/06/1995ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 92-CF-1132 and 95-CO-570 are consolidated for all purposes herein. F/O that Matthew C. Leefer, Esquire is appointed to represent appellant in no. 95-CO-570. F/O that appellant shall within 20 days from the date of this order, file the docketing statement in no, 95-CO-570.
06/06/1995PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
06/12/1995APPELLANT'S DOCKETING STATEMENT (in 95-CO-570)
07/10/1995RECORD ON APPEAL (for 95-CO-570)
07/10/1995RECORD COMPLETED
07/20/1995ORDER that the consolidated brief of appellant shall be filed within 40 days from the date of this order, and the consolidated brief of appellee shall be filed within 30 days thereafter. See D.C. App. R. 31. Any request for an extensio of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY WHN)
08/29/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF- for 95 co570 40 days (NO OPPO)
09/19/1995ORDERED that appellant shall, within 15 days from the date of this order, advise this court, with specificity, of what transcript is still outstanding and of all actions appellant has taken, including those taken since the date appellant filed his motio for an extension, to asure the transmittal of that transcript to this Court. See D.C. App. R. 10. F/O that the motion of appellant for an extension of time within which to file his brief is hereby held in abeyance pending appellant's compliance with this order. (BY: WHN).
10/04/1995STATEMENT of appellant regarding transcripts in response to order of court.
12/21/1995SUPPLEMENTAL RECORD #8 (265-pgs/bremen 5/8-9/95 proc.)
01/22/1996ORDER: The brief of appellant shall be filed wit hin 40 days from the date of this order, and the brief of appellee shall be filed within 30 days th ereafter. 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: JAC)
03/04/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Dwight D. Davis) For 40 days (NO OPPO)
03/25/1996RECEIVED Supplemental Brief for appellant, Dwight D. Davis
04/04/1996RECEIVED motion for removal of appellant counsel (filed by: Dwight D. Davis)
04/04/1996RECEIVED Appellant's motion for enlargement of time to file the brief. (filed by: Dwight D. Davis)
04/08/1996LETTER referring to counsel the motions received on April 4, 1996, from appellant for removal of appellate counsel, for extension of time to file brief, and for production of transcripts. (JAC)
04/29/1996COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS for 92 CF 1132 & 95 CO 570 Granted
04/29/1996RECEIVED appellee's brief for 92 CF 1132 & 95 CO 570 (pending motion for the BA)
05/02/1996APPELLANT'S ANSWER/RESPONSE to the court's letter dated April 8, 1996.
07/18/1996ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand motion of appellant for removal of appellant and motion of appellant for enlargment of time are granted, and the Clerk shall file the lodged supplemental brief of appellant and lodged brief of appellee. (MORE)
07/18/1996ORDER: Grant the motion of counsel for appellant to withdraw, and the appointment of Matthew C. Leefer, Esquire, is vacated, and Irwin A. Goldberg, Esquire, is appointed to represent appellant herein. Matthew C. Leefer, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that newly court-appointed counsel shall indicate whether he intends tofile a new brief, within 30 days from the date of this order, as to the issues raised in appellant's brief. (By AMW)
07/18/1996APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
07/18/1996APPELLEE'S BRIEF
07/18/1996BRIEFS COMPLETED
07/18/1996APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Irwin A. Goldberg, Esq.
08/12/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to extnd time to respond to court's July 18, 1996 order for 30 days for 92 CF 1132 & 95 CO 570
10/03/1996ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for an extension of time within which to respond to this court's order of July 18, 1996, to the extent that the supplemental brief of appellant, or a statement that counsel does not intend to file such a brief, shall be filed within 15 days from the date of this order. No further requests for an extension of time will be granted absent a showing of good cause. (By: AMW)
10/21/1996APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF for 30 days for 92 CF 1132 & 95 CO 570
10/30/1996ORD GRANT APLT MO TO EXT TIME TO FILE SUPPL BRIEF or a statement that counsel doesn't intend to file such a brief, is due on or before November 18, 1996. No further request for an extension of time will be granted absent a showing of extraordinary circumstances. (By AMW)
11/20/1996APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF for 30 days for 92 CF 1132 & 95 CO 570
12/18/1996ORD GRANT APLT MO TO EXT TIME TO FILE SUPPL BRIEF and the supplemental brief of appellant shall be filed on or before January 16, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
01/21/1997APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF (unopposed) (vvd)
01/22/1997LETTER, pro se, requesting that DCCA inform counsel that he should consult with aplt before he makes any more filing on aplt's behalf
01/24/1997LETTER referring to counsel the letter received from appellant on January 22, 1997. (JAC)
02/13/1997ORD GRANT APLT MO TO EXT TIME TO FILE SUPPL BRIEF to the extent that the supplemental brief of appellant shall be filed within 15 days from the date of this order, or cases shall be scheduled for consideration on the record on appeal and the briefs already filed. (BY: GPJ)
02/14/1997APPELLANT'S ANSWER/RESPONSE -to 1/24/97 order correspondence f court and motion for appropriate relief
02/20/1997RECEIVED pro se letter from appellant regarding attorney.
02/24/1997APPELLANT'S ANSWER/RESPONSE -to 2/13/97 order
03/06/1997ORDER On consideration of the response of apellant to the February 13, 1997 order directing the filing of the supplemental brief of appellant and motion to stay order and the response to the January 24, 1997, correspondence and motion for appropriate relief, it is ORDERED that the motions are granted to the extent that the supplemental brief of appellant shall be filed within 15 days of 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. (FA/KG/KN)
03/27/1997APLT MOTION FOR LV TO FILE SUPPLEMENTAL BRF/MEMO
03/27/1997RECEIVED - aplt's supp brief
03/27/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION filed by aplt's counsel, to permit aplt to file pro se supp brief
04/08/1997ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION FOR LEAVE TO FILE LODGED SUPPLEMENTAL BRIEF. F/O THAT THE MOTION FOR LEAVE TO ALLOW APPELLANT PRO SE TO FILE SUPPLEMNTAL BRIEF IS GRANTED AND APPELLANT PRO SE MAY W/I 30 DAYS FROM THE DATE OF THIS ORDER FILE A SUPPLEMENTAL BRIEF. APPELLEES CONSOLIDATED RESPONSIVE SUPPLEMENTAL BRIEF SHALL BE FILED W/I30 DAYS AFTER SERVICES OF APPELLANTS PRO SE SUPPLEMENTAL BRIEF. (FA, KG, KN)
04/28/1997APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
05/23/1997APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for extension of time to file responsive pleading
06/04/1997ORDER On consideration of appellee's motion for extension of time to file its supplemental brief, there appearing to be no opposition thereto, it is ORDERED that the motion is granted and appellee's supplemental brief is due no later than June 23, 1997.(FA/KG/KN)
06/23/1997APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFno oppo
06/25/1997RECEIVED chadd of address for appellant Dwight Davis, DCDC 239-927 Block R-206 Northeast Correctional Center 2240 Hubbard Road Youngstown, Ohio 44505
06/25/1997ORD GRANT APLE MO TO EXT TIME TO FILE SUPPL BRIEF DUE NO LATER THAN JULY 23, 1997. (FA/KG/KN)
07/23/1997APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
08/12/1997NOTICE RECEIVED from aple re pro se aplt's non-receipt of service
08/12/1997RECEIVED - pro se ltr requesting that he be sent copies of all pleadings filed with this court pertaining to his appeal
08/13/1997RECEIVED - aplt's motion to allow aplt to file a supplemntal reply brief, pro se, and motion for extension of time and supplemental reply brief (need to comply with rule 27)
08/13/1997NOTICE SENT - to aplt's attorney re: rule 27 on motion recvd 8/13/97
08/21/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to allow aplt to file a supplemental reply brief, pro-se, and motion for extension of time no oppo
08/21/1997RECEIVED
08/21/1997RECEIVED - aplt's reply brief to supplemental brief for aple
09/04/1997RECEIVED - aplt's pro se supp reply brief (vvd)
11/03/1997ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the Clerk shall file the lodged reply brief and the lodged pro se supplemental reply brief of appellant. (BY: AMW)
11/03/1997APPELLANT'S REPLY BRIEF
11/03/1997APPELLANT'S SUPPLEMENTAL REPLY BRIEF (Pro Se)
11/17/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for approval of travel expense
11/21/1997ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION ORDERED that appellant's motion for approval of travel expenses is denied. (FA/KG/KN)
12/15/1997FiledACTION - Argued / Submitted
12/15/1997ARGUED (FA,KG,KE) Irwin A. Goldberg, Esquire, for appellant. John L. Brownlee, Esquire, for appellee.
01/23/1998AFFIRMED MOJ (FA,KG,KE)
02/05/1998APLT MO TO EXTEND TIME TO FL PETITION FOR REH/EB no oppo
02/10/1998ORDER On consideration of the motion of counsel for appellant to extend time to allow appellant pro se to file a petition, it is Ordered that the motion is granted and appellant's pro se pet for rehearing en banc shall be filed within 30 days from the date of this order. (WA)
03/24/1998MANDATE ISSUED
04/15/1998RECEIVED - aplt's pet for rehearing
04/23/1998ORDER DENYING APPELLANT'S PETITION FOR REHEARING (FA,KG,KN)
01/08/1999LETTER -from aplt (Davis) re: additional time to file a motion to recall mandate
01/11/1999LETTER to appellant in response to his letter of Jan. 8, 1999. (JAC)
02/10/2000LETTER from appellant pro se seeking assistance in his case.
03/02/2000LETTER to appellant in response to his letter of Feb. 10. (JAC)