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United States Court Cases

District Of Columbia Court Of Appeals Record

AKANDE L. JOHNSON V. UNITED STATES

Case Information: 05-CF-1311
Short Caption:AKANDE L. JOHNSON V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:05-CF-1311Consolidated: 05-CF-1353 , 05-CO-1444 , 05-CO-1468
Superior Court or Agency Case Number:FEL6205-03Filed Date:11/04/2005

Opening Event Date:11/04/2005Case Status:Closed
Record Completed:11/03/2006Post-Decision Matter Pending:
Briefs Completed:10/31/2007
Argued/Submitted:09/29/2008
Disposition:Next Scheduled Action:
Mandate Issued:03/22/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantAkade L. Johnson Y
Joseph E. Fluet, IIIYN
Robert M. CaryNN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
John P. MannarinoYY

Events
Event DateStatusDescriptionResult
11/04/2005NOTICE OF APPEAL
12/09/2005ORDERED, sua sponte, that appeals nos. 05-CF-1311 and 05-CF-1353 are consolidated for all purposes. F/O that Bradley J. Bondi, Esquire is assigned as pro bono counsel representing appellant Akande L. Johnson herein. F/O that counsel for appellant Akande L. Johnson shall immediately take the necessary steps to review the trial court record and to enssure that the transcripts necessary to the appealhave been ordered and shall, within 30 days from the date of this order complete and file with this court a single copy of the attached statement regarding transcript ordered for this appeal. where transcript9s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal. F/O that trial counsel for appellant Damon T. franklin shall within 20 days from the date of this order file either a CJA eligibility form showing appellant is eligible for appointment of counsel for a motion and affidavit to proceed on appeal in forma pauperis pursuant to D.C. App. R. 24 (3). (ETW)
12/21/2005APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for and extension of time to file a motion to proceed in forma pauperis. (Damon Franklin) (pii)
12/23/2005STATEMENT REGARDING TRANSCRIPT(S) (Johnson)(05-CF-1311 is the only no. listed on SRT(RT needed/ordered (pii)))
12/23/2005ORDERED, sua sponte, that appeal no. 05-CO-1444 is consolidated with previously consolidated appeals nos. 05-Cf-1311 and 05-CF-1353 for all purposes. F/O that Bradley J. Bondi, Esquire is assigned as pro bono counsel representing appellant Akande L. Johnson in appeal no. 05-CO-1444. F/O that counsel for appellant Akande L. Johnson shall immediately take the necessary steps to revieew the trial court record and to ensure that the transcripts necessary to appeal no. 05-Co-1444 have been ordered and shall, within 30 days from the date of this order complete and file withthis court a single copy of the attached statement regarding transcript ordered for this appeal. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal. F/O that appellant Damon T. Franklin's motion is granted and a motion and affidavit to proceed on appeal in forma pauperis shall be filed on or before Janaury 30, 2006. (pii)
01/13/2006ORDERED, sua sponte, that appeal no. 05-CO-1468 is consolidated with previously consolidated appeals nos. 05-CF-1311, 05-CF-1353 and 05-CO-1444 for all purposes. F/O that appellant Damon T. Franklin's motion and affidavit to proceed on appeal in forma pauperis remains due on or before January 30, 2006. (GP)
01/23/2006STATEMENT - from aplt's counsel notifying the court that order was mail to the wrong Damon Franklin
01/30/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file motion to proceed in forma pauperis by February 28, 2006 (Franklin)
02/28/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for an extension of time to file in forma pauperis. (Franklin) (pii)
03/08/2006APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS (Franklin)
03/17/2006ORDERED that appellant Damon T. Franklin's motion for extensions of time within which to file a motion to proceed in forma pauperis are granted and the Clerk shall file the in forma pauperis. F/O that appellant Damon T. Franklin's motion to proceed on appeal in forma pauperis is granted. F/O that the Clerk of the Superior Court shall prepare and transmit the record index and record copies including all necessary transcripts in appeal nos. 05-CF-1353 & 05-CO-1468 to this court. See D.C. App. R. 10 (b)(5), 11 (b)(3). F/O that counsel for appellant Akande L. Johnson shall within 15 days from the date of this order submit the statement regarding transcript in appeal no. 05-CO-1444, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the statement regarding transcript or to request an extension of time within which to do so. (ETW)
03/28/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to resubmit attached statement re transcript for aplt Johnson.
04/10/2006ORDERED that appellant Akande L. Johnson's motion is granted and the statement regarding transcript is filed in appeals nos. 05-CF-1311 and 05-CO-1444. F/O that counsel for appellant Damon T. Franklin shall complete and file the attached statement regarding transcript within 20 days from the date of this order. (GP)
04/10/2006STATEMENT REGARDING TRANSCRIPT(S) 05-CF-1311 and 05-CO-1444
05/01/2006RECORD COPIES in 05-CF-1311.
05/01/2006RECORD INDEX in 05-CF-1311.
05/01/2006SUPPLEMENTAL RECORD - #1 (41 pgs/Coney) 10/20/03 proc.
05/01/2006SUPPLEMENTAL RECORD - #2 (16 pgs/Calhoun) 1/16/04 proc.
05/01/2006SUPPLEMENTAL RECORD - #3 (8 pgs/tape) 4/23/04 proc.
05/01/2006SUPPLEMENTAL RECORD - #4 (13 pgs/Coney) 6/4/04 proc.
05/01/2006SUPPLEMENTAL RECORD - #5 (513 pgs/Coney) 7/11-14/05 proc.
05/01/2006SUPPLEMENTAL RECORD - #6 (388 pgs/Wood) 7/18-19/05 proc.
05/01/2006SUPPLEMENTAL RECORD - #7 (188 pgs/Wood) 7/20/05 proc.
05/01/2006SUPPLEMENTAL RECORD - #8 (156 pgs/Wood) 7/21/05 proc.
05/01/2006SUPPLEMENTAL RECORD - #9 (346 pgs/Adebayo) 7/25-26/05 proc.
05/02/2006STATEMENT REGARDING TRANSCRIPT(S) (FRANKLIN) (RT ordered/needed (pii))
07/11/2006RECORD INDEX in 05-CO-1444.
07/11/2006RECORD COPIES in 05-CO-1444.
07/11/2006SUPPLEMENTAL RECORD - #10 (33 pgs/Rogers) 2/11/05 proc.
07/11/2006SUPPLEMENTAL RECORD - #11 (83 pgs/Sargent) 6/24/05 proc.
07/11/2006SUPPLEMENTAL RECORD - #12 (57 pgs/Van Bremen) 7/1/05 proc.
07/11/2006SUPPLEMENTAL RECORD - #13 (10 pgs/tape) 7/30/04 proc.
07/11/2006SUPPLEMENTAL RECORD - #14 (40 pgs/Mechanic) 10/14/05 proc.
07/11/2006SUPPLEMENTAL RECORD - #15 (40 pgs/Allison) 11/8/05 proc.
09/12/2006CHANGE OF ADDRESS RECEIVED Atty Bondi
10/16/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to deconsolidate appeals. (Johnson)
11/03/2006RECORD COPIES in 05-CF-1353 & 05-CO-1468.
11/03/2006RECORD INDEX in 05-CF-1353 & 05-CO-1468.
11/03/2006RECORD COMPLETED
12/29/2006SUPPLEMENTAL RECORD - #16 (15 pgs/Allison) 11/10/2005 proceedings.
01/03/2007LETTER from Atty Fluet re mot to de-consolidate filed 10/6/06.
01/05/2007 ORDERED that appellant's briefs and the limited appendices including the documents required by D.C. App. R. 30 (f), shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C.App. R. 31. F/O that appellant Akande L. Johnson's motion to deconsolidate is denied. (ETW)
02/06/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until transcripts are complete. (Franklin)
02/12/2007APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD with documentary exhibits admitted at trial housed in the Property Division of the Clerk's Office of the Superior Court (no oppo)(Johnson)
02/12/2007APPELLANT'S BRIEF (Johnson)
02/12/2007APPENDIX - Johnson (Vols I & II) & Franklin's (see this court's 9/19/07 order)
03/14/2007ORDERED that appellant Akande L. Johnson's motion is granted and appellant Akande L. Johnson shall make the necessary arrangements with the Appeals Coordinator's Office to have the item(s) specified in appellant's motion transmitted to this court as supplemental records. F/O that appellant Damon T. Franklin's motion is granted and appellant Damon T. Franklin's brief shall be filed within 40 days from the date the transcript is filed with this court. F/O that appellant Damon T. Franklin shall advise this court within 15 days of appellant's receipt on the ordered transcripts. (ETW)
04/19/2007SUPPLEMENTAL RECORD - #17 (exhibits 1 & 2)
05/30/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (Johonson) to deconsolidate appeals.
06/13/2007ORDER DENYING MISCELLANEOUS PROCEDURAL MOTION OF APLT AKANDE L. JOHNSON TO DECONSOLIDATE APPEAL, IT IS F/ORDERED that appellant Damon T. Franklin's brief and the limited appendix including the documents required by D.c. App. R. 30 (f), shall be filed w/in 40 days from the date of this order, and appellee's consolidated brief shall be filed w/in 30 days thereafter. See D.C. App. R. 31. (ETW)
07/23/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 24, 2007 (Damon Frankling)(no oppo)
07/26/2007 On consideration of appellant Damon T. Franklin's motion for an extension of time within which to file the brief and limited appendix, to which no opposition has been filed, it is ORDERED that appellant Damon T. Franklin's motion is granted, and the brief and limited appendix shall be filed on or before August 24, 2007. (GP)
08/27/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for one business day (Franklin) (no oppo)
08/27/2007RECEIVED - Appellant's Brief (Franklin)(no appdx)
09/05/2007 On consideration of appellant Damon T. Franklin's motion for an extension of time within which to file the brief, and the lodged brief, and it further appearing that the limited appendix has not been filed, see D.C. App. R. 30, 31, it is ORDERED that the motion of appellant Damon T. Frankin is granted and the Clerk shall file the lodged brief. It is F/O that appellant Damon T. Franklin shall w/in 15 days from the date of this order submit the limited appendix, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file document, or to request an extension of time w/in which to do so. Failure to comply with this order shallsubject Damon T. Franklin's appeals to dismissal w/out further notice. See D.C. App. R. 13. F/O that the brief of appellee shall be filed w/in 30 days from the date the limited appendix is filed with this court. (ETW)
09/05/2007APPELLANT'S BRIEF (no appdx) Damon T. Franklin
09/06/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to join co-appellant's appendix. (Franklin) no oppo
09/19/2007ORDERED that appellant Damon T. Franklin's motion is granted and the appendix filed with this court on February 12, 2007, is deemed as a joint appendix. F/O that the brief of appellee shall be filed within 30 days from the date of this order. (ETW)
10/19/2007APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES no oppo
10/19/2007RECEIVED - aple's brief.
10/22/2007TMC - appellee's motion for leave to file (LODGED) brief in excess pages
10/31/2007 ORDERED that appellee's MOTION IS GRANTED and the Clerk SHALL FILE THE LODGED BRIEF of appellee. It is *****MORE*****
10/31/2007APPELLEE'S BRIEF
10/31/2007 FURTHER ORDERED that these appeals shall be scheduled for consideration before a merits panel as soon as the calendar permits. (RDKRNE)
10/31/2007BRIEFS COMPLETED
11/05/2007APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF until November 30, 2007 (unopposed) (A. Johnson)
11/07/2007 On consideration of appellant Akande L. Johnson's unopposed motion for an extension of time within which to file the reply brief, it is ORDERED that appellant Akande L. Johnson's motion is granted and the reply brief shall be filed on or before November 30, 2007. (GP)
11/08/2007APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF until November 30, 2007 (unopposed) (D. Franklin)
11/29/2007APPELLANT'S REPLY BRIEF (Akand L. Johnson & Damon T. Franklin (see 1/8/08 order (pii))
12/10/2007FINAL SCREENING - REGULAR CALENDAR
12/11/2007ORDERED that appellant Damon T. Franklin's motion is granted to the extent that the reply brief shall be filed within 20 days from the date of this order. (GP)
12/21/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to join co-appellant's reply brief (Franklin)(unopposed)
12/28/2007COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Akande Johnson) Granted
01/04/2008CERTIFICATE PER RULE 28 aple
01/08/2008ORDERED that the motion is granted and the arguments made in the reply brief by co-appellant in appeals nos. 05-CF-1311 & 05-CO-1444 shall be deemed made by appellant in appeal nos. 05-CF-1353 & 05-CO-1468. F/O thatthe motion of counsel for appellant Akande L. Johnson is granted and the appearance of Bradley J. Bondi, Esquire, is hereby withdrawn as pro bono counsel of record. (ETW)
01/31/2008 It appearing that this appeal is likely to be calendared for argument during the months of April 2008 thru June 2008, it is ORDERED that counsel shall advise this court in writing by February 19, 2008 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
02/15/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/20/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/22/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
07/25/2008CALENDAR NOTICE SENT
08/25/2008LETTER - Atty Joseph Fluet will argue on behalf of aplt Johnson.
08/25/2008CERTIFICATE PER RULE 28 (Johnson)
09/29/2008FiledACTION - Argued / Submitted
09/29/2008ARGUED before Judges Glickman, Kramer, Farrell Joseph E. Fluet, Esq. for Appellant Jenifer Wicks, Esq. for Appellant John P. Mannarino, Esq. for Appellee
09/17/2009AFFIRMED Opinion (Glickman, Kramer, Farrell) and Judgment affirming the judgments of conviction.
09/23/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until November 13, 2009 (no oppo) (for both aplts)
09/29/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 13, 2009. (WH) (for both aplts)
11/12/2009APPELLANT'S PETITION FOR REHEARING EN BANC (JOHNSON)
11/13/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB (Franklin) one week no oppo
11/17/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 20, 2009. (WH) (of Franklin)
11/20/2009APLT'S PETITION FOR REHEARING/REHEARING EN BANC (of Franklin)
01/28/2010ORDER DENYING APLT PETITION FOR REHEARING EN BANC (WHRZRDGLKRBRTHOB) (Judge Fisher is recused from this case.) (of Johnson)
03/10/2010ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHRZRDGLKRBRTHOBFA) (Judge Fisher is recused from this case.) (of Franklin)
03/22/2010MANDATE ISSUED
04/26/2010APPELLANT'S MOTION FOR STAY of mandate pending resolution of cert in direct criminal appeal. no oppo (Franklin)
05/18/2010ORDER DENYING APPELLANT MOTION FOR STAY (GL,KR,FA)
06/01/2010RECEIVED - ltr from Supreme Court regarding aplt filed for extension of time to file petition for writ of certiorari until July 8, 2010
10/07/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
10/07/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI