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United States Court Cases

District Of Columbia Court Of Appeals Record

GREGORY V. WILLIAMS V. UNITED STATES

Case Information: 97-CF-0421
Short Caption:GREGORY V. WILLIAMS V. UNITED STATESClassification:Appeals - Criminal Felony - Weapons Related
Lead:97-CF-0421Consolidated: 97-CF-0604
Superior Court or Agency Case Number:F10817-95Filed Date:03/08/1997

Opening Event Date:03/08/1997Case Status:Closed
Record Completed:12/13/2002Post-Decision Matter Pending:
Briefs Completed:01/05/2004
Argued/Submitted:06/30/2004
Disposition:Next Scheduled Action:
Mandate Issued:04/18/2006
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantGregory V. Williams Y
Montague A. Buck YN
AppelleeUnited StatesN
Rikki D. McCoyYN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
03/08/1997NOTICE OF APPEAL
04/02/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Gregory B. Macaulay, Esq.
04/24/1997APPELLANT'S MOTION FOR LEAVE TO FILE DS (unopposed)
04/24/1997RECEIVED appellant's docketing statement
05/07/1997ORDERED that the motion is granted, and the lodged docketing statement is filed. (BY: GP)
05/07/1997APPELLANT'S DOCKETING STATEMENT
05/21/1997RECORD ON APPEAL
06/19/1997SUPPLEMENTAL RECORD #1 (77 pages--C. Sargent-Burns) (1/4/97 proc.)
07/29/1997SUPPLEMENTAL RECORD #2 (386 pages--K. Peterson-Hart) (1/6,7/97 proc.)
08/13/1997COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS and appointment of substitute counsel Granted
08/29/1997ORDER: Grant the motion of counsel for appellant to withdraw, and the appointment of Gregory B. Macaulay, Esquire, is vacated, and >Montague A. Buck, Esquire, is appointed to represent appellant herein. Gregory B. Macaulay, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (By: AMW)
08/29/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Montague A. Buck, Esq.
10/28/1997SUPPLEMENTAL RECORD SR#3 (54pgs.- proc. 7-26-96 TAPE)
11/03/1997SUPPLEMENTAL RECORD #4 see codef case 97-CF-604 (102 pgs. /lewis 1/8/97 proc.)
11/14/1997SUPPLEMENTAL RECORD#5 (15-pgs/johnson 1/9/97 proc.)
02/20/1998ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 97-CF-421 and 97-CF-604 for all purposes herein. (By: GP)
04/17/1998SUPPLEMENTAL RECORD #6 (Rpt.Trans-1/17/96 Proc.- 15 Pgs.-Tape).
04/17/1998RECORD COMPLETED
05/27/1998ORDER: The brief of appellants 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)
07/07/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 60 days (for H. Smalls, Jr.,)dfe
07/07/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (WILLIAMS) to 9/8/98 no oppo
07/14/1998ORDER: Grant the motion of appellant Gregory V. Williams for an extension of time within which to file the brief, and the motion of appellant Herbert Smalls, Jr., for an extension of time within which to file the brief, and the brief of appellant Gregory V. Williams shall be filed on or before September 8, 1998. It is FURTHER ORDERED that the motion is granted, and the brief of Herbert Smalls, Jr., shall be filed on or before September 8, 1998. (By: GP)
09/08/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for (Williams) for 30 days
09/08/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until completion of transcripts no oppo
09/15/1998ORD GRANT APLTS MOTIONS TO EXTEND TIME TO FILE BRIEFS to the extent that the brief of appellants shall be filed within 40 days from the date the transcript is filed with this court. (By: GP)
12/01/1998SUPPLEMENTAL RECORD #7 (102-pgs/farmer 1/8/97 proc.)
04/16/2002SUPPLEMENTAL RECORD - #8 (15pgs/Watson) 1/3/97 proc.
04/26/2002 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the briefs of appellants 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. (GP)
06/05/2002APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF nooppo (Williams) until completion of transcripts
06/05/2002APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Smalls) until completion of transcripts no oppo
06/10/2002 On consideration of the motions of appellants Herbet Smalls and Gregory V. Williams for extensions of time within which to file their briefs, wherein both appellants indicate that transcripts are being prepared, it is ORDERED that the motions are granted, and the briefs of appellants shall be filed within 40 days from the date the transcripts are filed with this court. It is FURTHER ORDERED that both appellants shall advise this court within 15 days thereof of appellants' receipt of the ordered transcripts. (GP)
09/09/2002SUPPLEMENTAL RECORD - #9 (18pgs/Peterson-Hart) 1/6/97 proc.
12/13/2002RECORD COMPLETED
12/13/2002SUPPLEMENTAL RECORD #10 (101 pgs--Farmer) 1/3/97 proc.
06/19/2003 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the briefs of appellants 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. (GP)
07/29/2003APPELLANT'S BRIEF (Williams)
08/04/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Smalls) to 60 days. no oppo
08/08/2003 On consideration of the motion of appellant Herbert Smalls, Jr. for an extension of time within which to file his brief, and no oppositon having been filed, it is ORDERED that the motion is granted, and the brief of appellant Herbert Smalls, Jr. shall be filed on or before September 29, 2003. (GP)
09/29/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days (no oppo) (Smalls)
10/08/2003 On consideration of the motion of appellant Herbert Smalls for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant Herbert Smalls shall be filed on or before October 29, 2003. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
10/29/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. (Smalls) no oppo
11/19/2003 On consideration of the motion of appellant_ Herbert Smalls, Jr. for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant Herbert Smalls, Jr. shall be filed on or before November 28, 2003. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall result in counsel's appointment being vacated. (AMW)
12/01/2003APPELLANT'S BRIEF (Smalls)
01/05/2004APPELLEE'S BRIEF
01/05/2004BRIEFS COMPLETED
01/23/2004FINAL SCREENING - REGULAR CALENDAR
03/17/2004LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING june,sept,oct
05/06/2004CALENDAR NOTICE SENT
05/13/2004APPELLANT'S MOTION TO POSTPONE/CONTINUE ARGUMENT no oppo (Smalls)
05/19/2004ORD GRT APLT MOTION TO POSTPONE/CONTINUE ARGUMENT and rmoved from the calendar of June 24, 2004, and re-scheduled for argument as a special sitting on the Regular Calendadr on June 30, 2004, at 2:00p.m. The parties are to be present in the District of Columbia Court of Appeals courtroom, located on the sixth floor, at 1:55 p.m. on that date. (GP)
06/30/2004FiledACTION - Argued / Submitted
06/30/2004ARGUED (TE,ST,RZ) Montague A. Buck, Esq.,for appellant. Steven H. Schiff, Esq., for appellant. Rikki D. McCoy, Esq.,for appellee.
10/13/2005FiledAFFIRMED IN PART/REVERSED IN PART Opinion (Terry, Ruiz, Steadman) and Judgment reversing judgment of conviction against appellant Smalls and remanding case for a new trial, and affirming judgment of conviction against appellant Williams.
10/27/2005APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 11/28/05 for Smalls. no oppo
11/01/2005ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 28, 2005, for Smalls. (WH)
11/07/2005MANDATE ISSUED in 97-CF-421, Williams appeal, only.
11/08/2005ORDER sua sponte that this court's opinion filed October 13, 2005, is hereby amended as follows: On page 23, delete the last sentence and cite to Harris v. United States, and replace with: As noted, in opposing the motion to sever, the government did not assert that delay would prejudice its ability to present material evidence. On page 27, footnote 19, add a new sentence at the end of the footnote: And if the police officers who testified in the joint trial were no longer available for Smalls's separate new trial, their sworn cross-examined testimony from the previous joint trial could be introduced by the government. See Harris v. United States, 614 A.2d 1277, 1284 (D.C. 1992) (citing, inter alia, Federal Rule of Evidence 804(b)(1), overruled on other grounds by Carter, 684 A.2d at 334). (TE,RZ,ST)
11/22/2005APLE'S PETITION FOR REHEARING/REHEARING EN BANC
12/01/2005ORDER that appellant, within 14 days from the date of this order, shall file a response to pet for reh/reh en banc (10 copies). (WH)
12/14/2005APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSE to 30 days. (Smalls) no oppo
12/19/2005ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before January 17, 2006. (WH)
01/17/2006APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto aple's pet for reh/reh en banc to 14 days. no oppo
01/19/2006ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before January 31, 2006. (WH)
01/31/2006APPELLANT'S ANSWER/RESPONSE to aple's pet for reh/reh en banc. (Smalls)
04/05/2006ORDER DENY APPELLEE'S PETITION FOR REH/REH EN BANC (WHSCFARZRDGLKRFISTTE) (Judge Fisher is recused from this case. Senior Judge Steadman would grant the petition for rehearing. Judge Terry was an Associate Judge of this court at time of decision. His status changed to Senior Judge on February 1, 2006).
04/18/2006MANDATE ISSUED in 97-CF-604 (Smalls) only.