judyrecords
search tips
630 million+
United States Court Cases

District Of Columbia Court Of Appeals Record

LEWIS LYONS V. UNITED STATES

Case Information: 89-CF-1145
Short Caption:LEWIS LYONS V. UNITED STATESClassification:Appeals - Criminal Felony - Drug Related
Superior Court or Agency Case Number:F2940-88Filed Date:08/25/1989

Opening Event Date:08/25/1989Case Status:Closed
Record Completed:12/31/1990Post-Decision Matter Pending:
Briefs Completed:07/17/1991
Argued/Submitted:10/26/1993
Disposition:Next Scheduled Action:
Mandate Issued:02/15/1995

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantLewis Lyons N
James W. KleinNY
Stephen I. Singer NN
AppelleeUnited StatesN
John R. Fisher NN
Philip S. Kushner YN

Events
Event DateStatusDescriptionResult
01/01/1901LYONS, LEWIS UNITED STATES
01/01/1902MLRBR FILED 3/5/92 TO MMP FILED 3/5/92
01/01/1903NOTE - 01 5/10/91 ORD: COUNSEL FOR APLT NOTE - 01 SHALL FILE HIS BRF W/IN 5 DAYS NOTE - 02 FROM ORDER, OR SHOW CAUSE WHY NOTE - 02 HIS APPT SHOULD NOT BE VACATED NOTE - 03 & HIS NAME REMOVED FROM PANEL NOTE - 03 OF ATTYS AUTHORIZED TO RECEIVE NOTE - 04 APPOINTMENTS UNDER CJA. NOTE - 04
08/25/1989NOTICE OF APPEAL
10/02/1989APPELLANT'S DOCKETING STATEMENT AD PANEL SCDATE 000000 SCHPRD
10/06/1989ORDER APPOINTING JAMES KLEIN, ESQ. AS COUNSEL FOR APPELLANT GG PANELRO SCDATE 000000 SCHPRD
02/21/1990SUPPLEMENTAL RECORD #1(723 PGS. -- SARGENT-BURNS) RJG PANEL SCDATE 000000 SCHPRD
02/22/1990RECORD ON APPEAL AD PANEL SCDATE 112789 SCHPRD R
04/19/1990SUPPLEMENTAL RECORD #2(206 PGS/HAWKINS) AD PANEL SCDATE 000000 SCHPRD
10/11/1990STATEMENT RE: TRANSCRIPT AJ PANEL SCDATE 000000 SCHPRD
12/31/1990SUPPLEMENTAL RECORD #3(22 PGS/HAWKINS) AD PANEL SCDATE 032690 SCHPRD RT
12/31/1990RECORD COMPLETED
01/22/1991ORDER BRF OF APLT DUE IN 40 DAYS. DAS PANELRBH SCDATE 010891 SCHPRD GR
03/04/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO APRIL 3, 1991 RJG PANEL SCDATE 030491 SCHPRD BA
03/27/1991ORDER APLT MO X TM GRNTD & APLT BRF TO BE FLD BY 4/3/91. NFX GR PANELRBH SCDATE 031191 SCHPRD GR
04/02/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 5-5-91 AD PANEL SCDATE 040391 SCHPRD BA
04/17/1991ORDER GRANT MO OF APLT FOR EXT. TM TO FL BRF TO 4/19/91; NFX| AD PANELRBH SCDATE 041691 SCHPRD K
04/19/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO MAY 5, 1991 RJG PANEL SCDATE 041991 SCHPRD BA
05/10/1991ORDER (SEE NOTES 1 THRU 4) JB PANELRO SCDATE 050791 SCHPRD TO
05/15/1991APPELLANT'S BRIEF AJ PANEL SCDATE 051091 SCHPRD BA
05/24/1991MISCELLANEOUS PROCEDURAL MOTION OF APLT TO FL ATTACHED CORRECT COPY OF APLT'S BR & ACCOMPANY ERRATA SHEET PANEL SCDATE 000000 SCHPRD
05/24/1991RECEIVED CORRECTED COPY OF APLT'S BRIEF AJ PANEL SCDATE 000000 SCHPRD
06/17/1991APPELLANT'S BRIEF AND ERRATA SHEET --CORRECTED COPY. AD PANEL SCDATE 000000 SCHPRD
06/17/1991ORDER APLT MO LV FL CORR COPY OF BRF & ERRATA SHEET GRANTED. APLE BRF DUE W/IN 30. AD PANELRBH SCDATE 060691 SCHPRD U
07/17/1991APPELEE'S BRIEF PMB PANEL SCDATE 000000 SCHPRD
07/17/1991BRIEFS COMPLETED
03/05/1992APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF OF APLT. PR PANEL SCDATE 000000 SCHPRD
03/05/1992MISCELLANEOUS PROCEDURAL MOTION OF APLT MOTION FOR LEAVE TO FILE REPLY BRIEF IN EXCESS OF PAGE LIMIT. PR PANEL SCDATE 000000 SCHPRD
03/05/1992RECEIVED REPLY BRIEF FOR APPELLANT. PR PANEL SCDATE 000000 SCHPRD
03/17/1992Grant appellant's motion for leave to file reply brief in excess of page limit and appellant's motion for leave to file attached reply brief and appellant's reply brief is filed (ROFEWA)
03/17/1992APPELLANT'S REPLY BRIEF is filed
03/18/1992ARGUED before JJ RG FE WG Argument by Stephen I. Singer, Esq., counsel for appellant; and by Philip S. Kushner, Esq., counsel for appellee.
03/16/1993REVERSED AND REMANDED: Opinion (ROFEWA)
04/12/1993APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 4/13/93 - no oppo
04/12/1993ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB within 10 days from the date of this order. (RO)
04/22/1993APLE MO TO EXTEND TIME TO FL PET FOR REHEARING EB to April 29, 1993
04/27/1993ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB to April 29, 1993. (RO)
04/29/1993APLE'S PETITION FOR REHEARING/REHEARING EN BANC
05/04/1993VOTE SHEET aple's pet for reh/reh en banc opposition
05/11/1993ORDER directing aplt within 20 days from the date of this order shall file a response to petition for reh/reh en banc (10 copies). (RO)
05/28/1993APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITIONto 6/14/93 - no oppo
06/04/1993ORD GRT APLT MO TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc on or before June 14, 1993. (RO)
06/14/1993APPELLANT MOTION TO EXTEND TIME TO FILE OPPOSITION to aple's pet. to 2 weeks
06/17/1993ORD GRT APLT MO TO EXTEND TIME TO FILE OPPOSITION to petition for reh/reh en banc on or before June 28, 1993. No further extensions of time will be granted. (RO)
06/28/1993APPELLANT'S OPPOSITION to appellee's petition for rehearing en banc.
09/28/1993ORDER GRANTING APLE PETITION FOR REH/REH EN BANC Ordered by the merits division that the petition for rehearing is denied. Further Ordered that the opinion and judgment of March 16, 1993, is hereby vacated. The Clerk shall schedule this matter for argument before the court sitting en banc on Tuesday, October 26, 1993, at 9:30 a.m. Counsel should be present in the courtroom on the sixth floor, no later than 9:25 a.m., on that day. Counsel are hereby directed to provide 10 copies of the briefs heretofore filed to the Clerk on or before October 8, 1993. (EB) (Judge Farrell is recused from this case.)
10/06/1993RECEIVED 10 additional copies of the Appellee's Brief.
10/12/1993APPELLANT'S REPLY BRIEF (additional copies for en banc proceedings)
10/12/1993APPELLANT'S BRIEF (additional copies for en banc proceedings)
10/13/1993RECEIVED Six additional copies of the appellant'sbrief.
10/13/1993RECEIVED Six additional copies of the reply brief.
10/15/1993ORDER in response to counsel for Lyons inquiry as to the questions that are to be addressed at the en banc argement on 10/26/93.
10/21/1993CERTIFICATE PER RULE 28
10/21/1993LETTER from appellant in re authorities.
10/21/1993MEMORANDUM circulating letters filed 10/21/93 from appellant and appellee re Rule 28(k) to the en banc court. (JAC)
10/26/1993FiledACTION - Argued / Submitted
10/26/1993ARGUED EN BANC (RO,FE,TE,ST,SC,WG,KG,SU) Samia Fam, Esquire, for appellant. Thomas Black, Esquire, for appellee.
12/20/1994ORDER sua sponte that this case is scheduled to be reheard and reargued en banc by this court on Thursday, February 16, 1995, at 9:30 a.m. The parties are to be present in the DCCA courtroom on the date indicated no later than 9:25 a.m. (WAFETESTSCKGRZ)
02/03/1995ORDER This case having been scheduled for reargument before the en banc court on 2/16/95, and the govt having sought rehearing to address the panel majority's ruling on a specific evidentiary issue, and it appearing that argument on some of the remaining issues would be of assistance, it is Ordered that, in addition to the issue raised in the govt's petition for reh en banc, the parties shall be prepared to address at argument the following issues: (1) whether the trial court erred in permitting the govt to elicit from aplt on cross-examination that he had tested positive for PCP four days after the shooting; (2) whether Kent Jones' stmt to Officer Roy Brown was admissible as an excited utterance; (3) whether its admission, if error, was harmless error; and (4) whether the combined effect of any errors in admitting the drug evidence and the excited utterance was harmless. (WAFETESTSCKGRZ)
02/13/1995APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION (JOINT) emergency motion for remand of case prior to oral argument.
02/14/1995ORDER - On consideration of the joint motion of appellant, Lewis Lyons, and the United States to remand this case to the trial court prior to oral argument, and it appearing that the judgments of conviction entered against appellant remain in force, the panel decision in Lyons v. U.S., 622 a.2d 34 (D.C. 1993), having been vacated, and the parties having reported no pending motions in the trial court which would warrant a remand, it is therefore by the Court this 14th day of February, 1995 ORDERED that the motion be, and hereby is denied without prejudice to consideration upoin the filing of a motion specifying the nature of the proceedings pending in the trial court which warrant a remand of the case. See Smith v. Pollin, 90 U.S. App. D.C. 178, 179, 1994 F.2d 349, 350 (1952) (per curiam).
02/14/1995APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION- RENEWED JOINT EMERGENCY MOTION FOR REMAND OF CASE PRIOR TO ORAL ARGUMENT.
02/15/1995REMANDED On consideration of the renewed joint emergency motion for remand of case prior to oral argument, and it appearing that this case is scheduled to be argued en banc on Thursday, February 16, 1995, it is Ordered that the motion is granted and this case is hereby remanded for further proceedings in the trial court. It is Further Ordered that the Clerk of this court shall issue the mandate forthwith. (WAFETESTSCKGRZ)
02/15/1995MANDATE ISSUED