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United States Court Cases

District Of Columbia Court Of Appeals Record

ANTHONY D. GARDNER V. UNITED STATES

Case Information: 93-CF-0654
Short Caption:ANTHONY D. GARDNER V. UNITED STATESClassification:Appeals - Criminal Felony - Sexual Abuse
Lead:93-CF-0654Consolidated: 93-CF-1312 , 93-CF-1357
Superior Court or Agency Case Number:F8875-91Filed Date:05/19/1993

Opening Event Date:05/19/1993Case Status:Closed
Record Completed:11/08/1994Post-Decision Matter Pending:
Briefs Completed:11/30/1995
Argued/Submitted:03/05/1996
Disposition:Next Scheduled Action:
Mandate Issued:06/20/1997

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantAnthony D. Gardner N
Kenneth D. AuerbachNY
Michael L. SpekterYY
AppelleeUnited StatesN
John R. Fisher NN
Lisa Hertzer SchertlerYY

Events
Event DateStatusDescriptionResult
05/19/1993NOTICE OF APPEAL
06/22/1993ORDER: Appellant shall advise this court within 30 days from the date of this order as to the identity of new counsel, if he intends to proceed on appeal pro se, or submit the appropriate documents to this court for the appointment of appellate counsel. (BY WHN)
06/23/1993RECORD ON APPEAL(IN CASE NUMBER 93CF654).
07/14/1993LETTER of aplt asking for appointment of consel
07/23/1993ORDER granting aplt's request to appoint counsel and Michael L. Spekter, Esquire, is hereby appointed as counsel to represent aplt on this appeal. Further ordered that newly-appointed counsel shall file the docketing statement within 15 days from the date of this order. (RO)
07/23/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Michael L. Spekter, Esq.
07/29/1993APPELLANT'S DOCKETING STATEMENT
10/04/1993SUPPLEMENTAL RECORD #1 (442 pgs. - Rust) (2/22 - 2/24/93 proc.)
10/15/1993SUPPLEMENTAL RECORD #2 (420 pages--Peterson-Hart) (2/18,19/93 proceedings)
11/19/1993SUPPLEMENTAL RECORD #2 (462 pages--Wray) (3/1,2,3,4/93 proceedings)
12/07/1993RECEIVED - Record for Michael Thomas and Sr #1 (17-pgs/salazar 9/17/93 proc.) 93cf1357
12/22/1993ORDER, SUA SPONTE, CONSOLIDATING APPEAL nos. 93cf654 and 93co1604 for all purposes herein. F/O that Michael L. Spekter, Esquire, is appointed to represent appellant in appeal no. 93co1604. F/O that appellant shall file the docketing statement, in appeal no. 93co1604, within 15 days from the date of this order. (By: JWR)
01/12/1994APPELLANT'S MOTION FOR LEAVE TO FILE DS
01/12/1994RECEIVED Appellant's Docketing Statement.
01/25/1994SUPPLEMENTAL RECORD #3 (166 pages--Burns) (2/25/93 proc.)
01/27/1994RECORD ON APPEAL (IN CASE NUMBER 93CO1604).
02/08/1994ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS and the docketing statement in 93-CO-1604 is filed. (By WHN)
02/08/1994APPELLANT'S DOCKETING STATEMENT in 93-CO-1604
03/11/1994ORDER GRANTING motion of appellee for clarification and for extension of time and appellee shall brief all issues in nos. 92-CF-8, 92-CO-1217, and 93-CO-1604; 93-CF-654 and 93-CO-1604 are severed and 93-CO-1604 is consolidated with previously nos. 92-CF-8 and 92-CO-1217; the brief of appellant in no. 93-CO-1604 shall be filed within 40 days from the date of this order and the consolidated brief of appellee in nos. 92-CF-8, 92-CO-1217, and 93-CO-1604 shall be filed within 30 days thereafter; the appointment of Michael L. Spekter, Esquire, as counsel for appellant in no. 93-CO-1604 is vacated and Betty J. Clark, Esquire, is appointed to represent appellant; sua sponte, consolidate 93-CF-1312 and 93-CF-1357 with no. 93-CF-654; the briefs of appellants in nos 93-CF-654, 93-CF-1312, and 93-CF-1357 shall be filed within 40 days from the date the complete records on appeal have been filed with this court. (By ST-MK-PY)
03/17/1994RECORD ON APPEAL
05/20/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to file motion to amend briefing schedule.
05/20/1994RECEIVED appellant's motion for extension of time to file brief.
06/10/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION in no. 93-CF-654 to file lodged consent motion to amend briefing schedule, and the brief of appellant in no. 93-CF-654 shall be filed within 30 days from the date of this order. (By WHG)
06/10/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF IN NO. 93-CF-654
07/19/1994NOTICE RECEIVED from appellant's attorney and request for due date for appellant's opening brief.
09/20/1994ORDER: ORDERED, Sua sponte, that this court's order of June 10, 1994, is hereby vacated. F/O ss, that the fifth paragraph of this court's order of March 11, 1994, is amended to provide that Michael L. Spekter, Esquire, is appointed as counsel for appellant in no. 93-CF-654, and that Betty L. Clark, Esquire, is appointed as counsel for appellant in no. 93-CO-1604. F/O, ss, that the brief of appellant in no. 93-CF-654 shall be filed within 30 days from the date of this order. F/O that the consent motion to amend briefing schedule, heretofore filed by Betty L. Clark, Esquire, in no. 93-CF-654 shall be refiled in no. 93-CO-1604. (By AMW)
10/20/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 11/20/94. (no oppo.)
10/27/1994ORDER: Grant the motion of appellant in no. 93-CF-654, for an extension of time within which to file the brief, and the brief of appellant in no. 93-CF-654 shall be filed on or before November 20, 1994. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHG)
11/08/1994RECORD COMPLETED
11/18/1994SUPPLEMENTAL RECORD #3 (7 pages--Rust) (2/23/93 proc.)
11/22/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 12/21/94. (no oppo.)
12/20/1994ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant in no. 93-CF-654 shall be filed on or before December 21, 1994. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHG)
12/27/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - for leave of court to file motion for contiunance to file extention of time to file opening brief
12/27/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF- to 1/21/95 (no oppo)
01/23/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 23, 1995 for Anthony D. Gardner.
01/31/1995ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave of court to file motion for continuance to file extension of time to file opening brief.
01/31/1995ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant in no. 93-CF-654 shall be filed on or before February 23, 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 WHG)
02/22/1995CHANGE OF ADDRESS RECEIVED
02/22/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 3/23/95. (no oppo.)
03/01/1995ORDER: Grant the motion of appellant in no. 93-cf-654 for an extension of time to file the brief and the brief of appellant shall be filed on or before March 23, 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)
03/02/1995STATEMENT -of aplt final status report regarding transcript
03/23/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Anthony Gardner) to 30 days - no oppo
04/13/1995ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFin no. 93-CF-654 on or before April 24, 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 WHG)
04/21/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Anthony Gardner) to 30 days - no oppo
05/16/1995ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before May 23,1995. 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)
05/23/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days (Willie Walker)
05/23/1995MOTION(S) FEE PAID
05/30/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 6/23/95 (Michael Spekter)
06/19/1995ORD GRANT APLTS MOTIONS TO EXTEND TIME TO FILE BRIEFS IN NOS. 93-CF-654 and 93-CF-1312 SHALL BE FILED ON OR BEFORE JUNE 23, 1995. ANY FURTHER REQUEST FOR AN EXTENSIIN OF TIME WILL BE LOOKED UPON WITH DISFAVOR AND GRANTED ONLY UPON A SHOWING OF GOOD CAUSE. (By WHG)
06/23/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 7/23/95. (no oppo.) (filed by Michael L. Spekter in case no. 93-CF-654)
06/23/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days (WILLIE WALKER)
06/23/1995MOTION(S) FEE PAID
07/19/1995RECEIVED- aplt's brief (Michael A. Thomas) (FOR CASE NUMBER 93 CF 1357) (ATTORNEY Deborah L. Harris) (PUBLIC DEFENDERS OFFICE)
07/21/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Willie Walker) to 7 days
07/21/1995MOTION(S) FEE PAID
07/24/1995RECEIVED - brief of aplt (Anthony Gardner) 93 cf654
08/11/1995APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF- 93 cf1312 (WILLIE WALKER)
08/11/1995RECEIVED - aplt's brief (93 cf 1312) (WILLIE WALKE)
08/11/1995MOTION(S) FEE PAID
08/15/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION unopposed to adopt arguments raised by co-aplt (Thomas)
09/08/1995APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF - two weeks (No oppo for Walker and Thomas)
09/29/1995APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES
09/29/1995RECEIVED - aple's brief
10/04/1995TMC - Aple's motion for leave to exceed page limit - Aple's brief (lodged consolidated) - Aplt's motion to extend time to file brief - Aplt's brief (lodged) 93-CF-1312) - Aplt's brief (lodged) 93-CF-654) - Aplt's brief (lodged) 93-CF-1357 - Aplt's motion to adopt argument (93-CF-654)
10/05/1995CERTIFICATE PER RULE 28
11/30/1995ORD GRT APLE MO FOR LV TO FL BRF IN EXCESS OF PGS and the Clerk shall file the lodged brief of appellee. (by: FERDNM)
11/30/1995ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF in no. 93-CF-1312, and the Clerk shall file the lodged brief of appellant in no. 93-CF-1312. (by: FERDNM)
11/30/1995ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTIONS OF APPELLANTS IN NO. 93-CF-1357 and 93-CF-654 to adopt arguments raised by co-appellant. F/O that these cases shall be scheduled for consideration before a merits division of this court as soon as the calendar permits. (by: FERDNM)
11/30/1995APPELLANT'S BRIEF in no. 93-CF-654 (Anthony Gardner)
11/30/1995APPELLANT'S BRIEF in no. 93-CF-1312 (Willie Walker)
11/30/1995APPELLANT'S BRIEF in no. 93-CF-1357 (Michael A. Thomas)
11/30/1995APPELLEE'S BRIEF
11/30/1995BRIEFS COMPLETED
12/26/1995FINAL SCREENING - REGULAR CALENDAR
12/27/1995LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
12/29/1995LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/22/1996LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/26/1996APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (consent motion)
02/26/1996RECEIVED appellant's reply brief.
02/27/1996APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (Anthony D. Gardner) NO OPPO
02/27/1996RECEIVED - aplt's reply brief (Anthony D. Gardner)
02/27/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION -to adopt co- aplt's reply brief (Willie Walker)
03/04/1996ORDER - On consideration of the consent motion of appellant in no. 93-CF-654 for leave to file a reply brief, the lodged reply brief, and the motion of appellant in no. 93-CF-1312 to adopt the reply brief lodged by appellant in no. 93-CF-654, it is ORDERED that the motion of appellant in no. 93-CF-654 for leave to file reply brief is granted, and the Clerk shall file the lodged reply brief. It is F/O that the motion of appellant in no. 93-CF-1312 to adopt the reply brief of appellant in no. 93-CF-654 is granted. TESCFA
03/04/1996APPELLANT'S REPLY BRIEF filed in no. 93-CF-1312 should be adopted and also filed in no. 93-CF-654
03/04/1996ORDER - On consideration of the consent motion of appellant in no. 93-CF-1357 for leave to file reply brief, and the lodged reply brief, it is ORDERED that the motion is granted and the Clerkis directed to file the lodged reply brief of appellant in no. 93-CF-1357. TESCFA
03/04/1996APPELLANT'S REPLY BRIEF in no. 93-CF-1357 is filed
03/05/1996FiledACTION - Argued / Submitted
03/05/1996CERTIFICATE PER RULE 28 for 93CF1357
03/05/1996ARGUED (TE,SC,FA) Michael L. Spekter, Esquire, for aplt (Gardner) Mark J. Rochon, Esquire, for appellant (Walker) Deborah L. Harris, Esquire, for aplt (Thomas) Lisa A. Hertzer, Esquire, for appellee
05/29/1997AFFIRMED Opinions
06/20/1997MANDATE ISSUED
06/26/1997APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL to file a petition for cert.
07/09/1997ORDER On consideration of appellant's pro se request for appointment of counsel to file a petition for writ of certiorari in Supreme Court of the United States, it is ORDERED that the motion is granted and Kenneth D. Auerbach, Esquire, is hereby appointed to file such motion or petition for which there may be reasonable grounds. (AMW)
07/09/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth D. Auerbach, Esq. (Petition for Writ of Certiorari)
08/05/1997error