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United States Court Cases

District Of Columbia Court Of Appeals Record

MICHAEL J. QUANDER V. UNITED STATES

Case Information: 06-CF-1052
Short Caption:MICHAEL J. QUANDER V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Superior Court or Agency Case Number:FEL6580-04Filed Date:08/16/2006

Opening Event Date:08/16/2006Case Status:Closed
Record Completed:08/15/2007Post-Decision Matter Pending:
Briefs Completed:12/03/2007
Argued/Submitted:05/20/2008
Disposition:Next Scheduled Action:
Mandate Issued:10/31/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMichael J. Quander YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Kristina L. AmentYY

Events
Event DateStatusDescriptionResult
08/16/2006NOTICE OF APPEAL
09/20/2006 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Matthew C. Leefer, Esquire, is hereby appointed to represent appellant in this appeal. It is FURTHER ORDERED that counsel for appellant shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to the appeal have 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 the 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. (GP)
09/20/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Matthew C. Leefer, Esquire
09/29/2006STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
02/22/2007RECORD INDEX
02/22/2007RECORD COPIES
02/22/2007SUPPLEMENTAL RECORD - #1 (42 pgs/Johnson) 2/6/06 proc., a.m.
02/22/2007SUPPLEMENTAL RECORD - #2 (6 pgs/Pirfo) 2/6/06 proc., a.m.
02/22/2007SUPPLEMENTAL RECORD - #3 (137 pgs/Wood) 2/7/06 proc.
02/22/2007SUPPLEMENTAL RECORD - #4 (56 pgs/Wood) 2/8/06 proc.
02/22/2007SUPPLEMENTAL RECORD - #5 (11 pgs/Wood) 2/9/06 proc.
02/22/2007SUPPLEMENTAL RECORD - #6 (15 pgs/tape) 7/21/06 proc.
03/01/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief and the limited appendix 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. (GP)
04/10/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days after rec of transcripts. no oppo
05/03/2007 On consideration of appellant's motion for an extension of time within which to file the brief, wherein appellant indicate(s) that transcript is being prepared, it is ORDERED that the motion is granted and the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days thereof of appellant's_ receipt of the ordered transcript. (GP)
07/18/2007STATEMENT of aplt re status of ordered transcripts
08/15/2007RECORD COMPLETED
08/15/2007SUPPLEMENTAL RECORD - #7 (11 pgs/Wood) 2/7/06 proc.
08/15/2007APPELLANT'S BRIEF
08/15/2007APPENDIX
09/07/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF (titled as mot to stay) pending completion of transcript.
11/02/2007STATEMENT of aple re receipt of transcripts. (appellee has the RT now, they will file the BE on 12/3/07 (pii))
11/15/2007ORDERED that appellee's motion is granted to the extent that appellee's brief shall be filed onor before December 3, 2007. (pii)
12/03/2007APPELLEE'S BRIEF
12/03/2007BRIEFS COMPLETED
01/16/2008FINAL SCREENING - SUMMARY CALENDAR I
03/20/2008CALENDAR NOTICE SENT
05/20/2008FiledACTION - Argued / Submitted
05/20/2008SUBMITTED to Judges Farrell, Glickman, Schwelb
07/09/2008ORDER - After the briefs in this appeal were submitted, the Supreme Court issued its opinion in District of Columbia v. Heller, 76 U.S.L.W. 4631 (U.S. June 26, 2008), construing the Second Amendment and holding, inter alia, that the District's band on handgun possession in the home violates the Second Amendment... Id. at 4649. This case involves a sawed-off rifle rather than a handgun, and the Supreme Court seemingly agrees that the Second Amendment does not protect...short-barreled shotguns, id. at 4646. That said, we deem it prudent to follow the course proposed by appellee in its brief and allow supplemental briefing by the parties addressing the impact of Heller on appellant's Second Amendment claim. The supplemental briefs we invite also should address whether appellant raised his Second Amendment claim in the trial court, and if not, whether (1) the claim is forfeited, i.e., subject to review only for plain error, and (2) the requirements of plain error review are satisfied here. Accordigly, it is ORDERED that appellant shall, within 30 days from the date of this order, file and serve a supplemental brief as indicated above. Appellee shall have thirty days from the date of service of appellant's brief to serve and file its supplemental brief in response. Thereafter, appellant shall have twenty-one days to serve and file a reply brief. (GL,FA,SC)
08/05/2008AMICUS CURIAE MISCELLANEOUS PROCEDURAL MOTION to participate as amicus curiae and proposed briefing schedule (no oppo)
08/07/2008APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to 9/30/08. no oppo
08/19/2008On consideration of the unopposed motion of appellant for an enlargement of time to file the supplemental brief on behalf of appellant, and the unopposed motion of the Public Defender Service to participate as amicus curiae and proposed briefing schedule, it is ORDERED that the motions are granted to the extent that the Public Defender Service may participate as amicus curiae. It is FURTHER ORDERED that the supplemental briefs of appellant and the Public Defender Service shall be filed on or before September 30, 2008. Appellee shall have thirty days from the date of service of appellant's supplemental brief to serve and file its supplemental brief in response. Thereafter, appellant shall have twenty-one days to serve and file a dreply brief, if necessary. (GL,FA,SC)
09/30/2008NOTICE RECEIVED of withdrawal of second amendment claim, and that supp brief for aplt will not be filed.
09/30/2008AMICUS CURIAE MISCELLANEOUS PROCEDURAL MOTION to withdraw participation as Amicus Curiae and to vacate order for supp briefing. no oppo
10/03/2008On consideration of the unopposed motion of the Public Defender Service as amicus curiae to withdraw participation as amicus curiae and to vacate order for supplemental briefing, and it appearing that appellant filed notice with the Court withdrawing appellant's second amendment claim, and that appellant will not file a supplemental brief, it is ORDERED that the motion is granted to the extent that the Public Defender Service participation is hereby withdrawn. It is FURTHER ORDERED that this Court's orders dated July 9, 2008 and August 19, 2008, regarding amicus curiae status and supplemental briefing are hereby vacated. (GL,FA,SC)
10/09/2008AFFIRMED MOJ (Glickman, Farrell, Schwelb)
10/31/2008MANDATE ISSUED
10/31/2008CJA ATTORNEY'S QUALLS LETTER