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United States Court Cases

District Of Columbia Court Of Appeals Record

JOHNNY HARRIS V. UNITED STATES

Case Information: 93-CF-0648
Short Caption:JOHNNY HARRIS V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:93-CF-0648Consolidated: 98-CO-0392
Superior Court or Agency Case Number:F4211-92Filed Date:05/19/1993

Opening Event Date:05/19/1993Case Status:Closed
Record Completed:10/04/1993Post-Decision Matter Pending:
Briefs Completed:09/24/1998
Argued/Submitted:03/11/1999
Disposition:Next Scheduled Action:
Mandate Issued:10/08/1999
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJohnny Harris Y
Richard S. StolkerYY
AppelleeUnited StatesN
John R. Fisher NN
Karen L. Melnik YN

Events
Event DateStatusDescriptionResult
05/19/1993NOTICE OF APPEAL
06/07/1993IT APPEARING THAT APPELLANT HAS BEEN ALLOWED BY THE TRIAL COURT TO PROCEED IN FORMA PAUPERIS, IT IS ORDERED THAT JAMES KLEIN, ESQUIRE IS HEREBY APPOINTED TO REPRESENT APPELLANT IN THIS APPEAL. APPELLANT'S DOCKETING STATEMENT IS DUE 10 DAYS FROM THE DATE OF THIS ORDER (Rogers)
06/14/1993STATEMENT of aplt re rt's
06/14/1993APPELLANT'S DOCKETING STATEMENT
07/19/1993RECORD ON APPEAL w/397 pgs/Salazar 3/22-25/93 proc.
08/09/1993SUPPLEMENTAL RECORD - #1 (13 pgs/Finnerin) 5/5/93 proc.
08/09/1993SUPPLEMENTAL RECORD #2 (39 pgs. - Watkins-Griffin)(3/29 - 3/30/93 proc.)
10/04/1993SUPPLEMENTAL RECORD #3 (161 pages--Farmer) (3/18/93 proceedings)
10/04/1993RECORD COMPLETED
03/08/1994ORDER: 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 upon a showing of good cause. (By WHN)
04/18/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to may 18,1994
05/03/1994ORDER: Appellant 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 may result in the dismissal of this appeal. See D.C. App. R. 14. (By WHN)
05/17/1994ORDER - That this court's order of May 3, 1994, is vacated. The motion of appellant is granted and the briefof appellant shall be filed on or before May 18, 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 JMF)
05/17/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF -for 30 days (no oppo)
05/23/1994ORDER: 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 June 17, 1994. Any further request for an exte nsion of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
06/16/1994COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS & for appointment of new counsel and to stay briefing schedule. Granted
07/14/1994ORDER: Grant the motion of counsel for appellant to withdraw and the appointment of James Klein ________, Esquire, is vacated, and Richard S. Stolker__, Esquire, is appointed to represent appellant herein. James Klein ________, Esquire, shall transmit all documents to this appeal to newly-appointed counsel forthwith. F/O that the brief of appellant shall be filed within 40 days from the date of this order. (By: AMW)
07/14/1994APPOINTING COUNSEL/CO REFERRAL (CJA) Richard S. Stolker, Esq.
08/23/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF- to 40 extra days (no oppo)
09/20/1994ORDER: 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 September 30, 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 WHN)
09/21/1994APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE
09/28/1994error
11/02/1994ORDER GRANT APLT MOTION TO HOLD CASE IN ABEYANCE, and this appeal is hereby stayed pending further order of this court. 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. US. 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 proceedings in the trial court. (By: AMW)
01/11/1995ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the statement, accompanied by a motion for leave to file the statement out of time. The motion should set forth good cause for the failure either to timely file the statement or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (By: WHN)
01/18/1995error
01/18/1995RECEIVED Statement of counsel as to appellant's motion for new trial pursuant to D.C. Code 23-110.
01/24/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - for leave to file statement on counsel for aplt as to aplt's motion for new trial out of time
02/23/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/23/1995ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file lodged statement of counsel pursuant to D.C. Code 23-110. 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 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)
06/15/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
07/25/1995ORDER: 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)
08/22/1995STATEMENT of counsel
10/30/1995ORDER: 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)
11/14/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
11/14/1995CHANGE OF ADDRESS RECEIVED by: Richard S. Stolker 6259 Executive Blvd. Rockville, Maryland 20852 (301) 881-0200
02/09/1996ORDER: 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: WHN)
03/15/1996RECEIVED Appellant's statement of counsel. (Sent back not timely filed , leave of court required for filing)
08/16/1996RECEIVED from aplt counsel to Clerk, Criminal Div re status of 23-110
09/24/1996ORDER: 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: GP)
04/16/1997LETTER - from aplt's attorney asking court to set hearing on MOTION FOR A NEW TRIAL PURSUANT TO D.C. CODE 23-110 BASED ON NEWLY DISCOVERED EVIDENCE AND INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL
05/05/1997ORDERED, 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 August 1, 1997, as to the status of the proceedings 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: GP)
07/10/1997RECEIVED - courtesy copy of ltr from aplt's counsel to Clerk, Criminal Division asking that aplt's case be set for a merits hearing
07/18/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
08/08/1997error
11/17/1997LETTER (courtesy copy) of letter from counsel for appellant sent to the Clerk, Criminal Division re: setting up a hearing on appellant's 23-110 motion. (vvd)
11/18/1997STATEMENT -of aplt's attorney re: 9/24/97 court's order
03/09/1998STATEMENT of aplt as to the status of the post- conviction proceedings in the court below
04/17/1998ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 93-CF-640 and 98-CO-392 for all purposes herein. FO that Richard S. Stolker, Esquire, is appointed to represent appellant in appeal no. 98-CO-392 herein. FO that appellant shall, within 10 days from the date of the order, file the docketing statement in appeal no. 98-CO-392. (By: AMW)
04/17/1998PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/22/1998RECORD ON APPEAL for 98co392
04/27/1998APPELLANT'S DOCKETING STATEMENT (No RT ordered)
06/02/1998ORDER: 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. (By: GP)
07/13/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/13/98
07/24/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before August 13, 1998. (By: GP)
08/06/1998APPELLANT'S BRIEF
08/27/1998APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 9/25/98
09/08/1998ORD GRA APLES MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellee shall be filed on or before 9/25/98 (by: GP) sw
09/24/1998APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
09/24/1998APPELLEE'S BRIEF
09/24/1998BRIEFS COMPLETED
10/02/1998FINAL SCREENING - REGULAR CALENDAR
10/05/1998LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
10/06/1998ORD GRANT APLE MO FOR LV TO SUPPLEMENT THE RECORD, and the Clerk of the Superior Court shall prepare and transmit the item(s) specified in appellee's motion to this court as a supplemental record forthwith. (BY: AMW)
10/15/1998SUPPLEMENTAL RECORD - #1 (order Judge Dixon 1/28/98)
02/03/1999CALENDAR NOTICE SENT
03/11/1999FiledACTION - Argued / Submitted
03/11/1999ARGUED (FA,RU,GE) Richard S. STolker, Esquire, for appellant. Karen L. Melnik, Esquire, for appellee.
09/16/1999AFFIRMED Opinion
10/08/1999MANDATE ISSUED