| Events |
| Event Date | Status | Description | Result |
| 01/03/1997 | | NOTICE OF APPEAL | |
| 01/30/1997 | | APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Frances M. D'Antuono, Esq. | |
| 02/14/1997 | | APPELLANT'S MOTION FOR LEAVE TO FILE DS no oppo | |
| 02/14/1997 | | RECEIVED - aplt's docketing statement | |
| 02/28/1997 | | ORDERED that the motion is granted, and lodged docketing statement is filed. (BY: GP) | |
| 02/28/1997 | | APPELLANT'S DOCKETING STATEMENT | |
| 04/03/1997 | | RECORD ON APPEAL | |
| 04/24/1997 | | SUPPLEMENTAL RECORD #1 (350 pgs. -- Schertzer) (9/25-26/96 proc.) | |
| 05/06/1997 | | SUPPLEMENTAL RECORD #2 (312 pages--K. Peterson-Hart) (9/30 & 10/96 proc.) | |
| 07/29/1997 | | SUPPLEMENTAL RECORD #3 (48 pages--ELizabeth Graybill) (9/23/96 proc.0 | |
| 09/04/1997 | | SUPPLEMENTAL RECORD #4 (53 pages--Celestine Franklin) (9/20/96 proc.) | |
| 09/04/1997 | | RECORD COMPLETED | |
| 09/29/1997 | | ORDER: 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) | |
| 11/10/1997 | | APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/20/97 no oppo | |
| 12/22/1997 | | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for additional transcript | |
| 12/22/1997 | | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to suspend the briefing schd pending preparation of transript | |
| 02/12/1998 | | ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and to suspend the briefing schedule are granted to the extent that the briefing schedule is herby suspended until further order of this court. | |
| 02/12/1998 | | ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTIONfor the production of trial transcripts without prejudice to its renewal in the trial court. F/O that appellant shall, within 30 days from the date of this order, advise this court as to the steps taken to assure production of the trial transcripts. (By: AMW) sw | |
| 03/09/1998 | | NOTICE- of aplt pursuant to order 2/12/98 | |
| 05/13/1998 | | ORDER: The brief of appellant shall be filed wit hin 40 days from the date of this order, and the brief of appellee shall be filed within 30 days th ereafter. See D.C. App. R. 31. (By: GP) | |
| 06/22/1998 | | APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/22/98 no oppo | |
| 06/26/1998 | | ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before August 24, 1998____________. (By: GP) | |
| 08/24/1998 | | APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 60 days no oppo | |
| 08/27/1998 | | ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before October 23, 1998___________. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: JAC for GP) | |
| 10/23/1998 | | APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to December 23, 1998 (no oppo). | |
| 11/02/1998 | | ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before December 23, 1998__________. No further requests for extensions of time will be granted absent a showing of good cause. Failrue to comply with this order shall result in counsel's appointment being vacated. (By: AMW) | |
| 12/23/1998 | | APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no opo to 1/8/99 | |
| 01/08/1999 | | RECEIVED - aplt's brief | |
| 01/19/1999 | | ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant is filed. It is FURTHER ORDERED that the brief of appellee shall be filed on or before February 12, 1999. (By: GP) | |
| 01/19/1999 | | APPELLANT'S BRIEF | |
| 02/12/1999 | | APPELLEE'S BRIEF | |
| 02/12/1999 | | BRIEFS COMPLETED | |
| 03/02/1999 | | FINAL SCREENING - REGULAR CALENDAR | |
| 03/02/1999 | | LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING | |
| 03/03/1999 | | APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 3/19/99 | |
| 03/22/1999 | | LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING | |
| 03/24/1999 | | ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF to the extent that the reply brief shall be filed within 15 days from the date of this order. (By: GP) | |
| 09/13/1999 | | APPELLANT'S MOTION FOR STAY- appeal no oppo | |
| 09/23/1999 | | ORDER: Grant appellant's motion to stay, and this appeal is hereby stayed pending further order of this court. 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). FO that, while the motion is pending in the trial court, counsel for appellant shall advise this court every 3 months, with the first such report due on December 1,1999,as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. FO that, on behalf of the merits division assigned to consider this matter, this appeal is hereby removed from the regular calendar of October 4, 1999. (By: AMW) | |
| 09/23/1999 | | CASE STAYED | |
| 12/01/1999 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 01/06/2000 | | ORDERED that counsel for appellant shall, within 10 days from the date of this order, file a stamped copy of the D.C. Code Section 23-110 motion, or show cause why the stay of this appeal should not be vacated. (BY: AMW) | |
| 01/14/2000 | | NOTICE RECEIVED pursuant to order 1/6/00 w/motion to vacate conviction under 23-110 | |
| 03/01/2000 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 06/01/2000 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 11/21/2000 | | ORDERED that counsel for appellant shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the status statement out of time. The motion shall set forth good cause for the failure either to timely file the status statement or to request an extension of time within which to do so. Failure to comply with this order may result in the vacating of the order which stayed this appeal and the issuance of a briefing order. (BY: GP) | |
| 01/22/2001 | | ORDER: On consideration of this court's order of November 21, 2000, which directed counsel for appellant to advise this court as to the status of the D.C.Code 23-110 motion filed in the trial court, accompanied by a motion for leave to file the status statement out of time, and stated that failure to comply with the order might result in the vacating of the order which stayed this appeal and the issuance of a briefing order, and it appearing that the status statement has not yet been filed with this court, and it further appearing that this appeal is fully briefed,it is ORDERED that counsel for appellant shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the status statement out of time. The motion shall set forth good cause for the failure either to timely file the status statement or to request an extension of time within which to do so. Failure to comply with this order shall result in the vacating of the order which stayed this appeal and the calendaring of this appeal. (AMW) | |
| 02/06/2001 | | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status report. no oppo | |
| 02/06/2001 | | RECEIVED - aplt's status report | |
| 03/05/2001 | | On consideration of the motion of appellant(s) for leave to late file the lodged status statement, it is ORDERED that the motion of appellant(s) is granted, and the lodged status statement is filed. It is FURTHER ORDERED that, while the motion remains pending in the trial court, counsel for appellant(s) shall advise this court every 3 months, with the next report due on June 1, 2001______, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (BY: GP) | |
| 03/05/2001 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 06/01/2001 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 09/04/2001 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) | |
| 12/10/2001 | | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status report. no oppo | |
| 12/10/2001 | | RECEIVED - aplt's status report. | |
| 12/18/2001 | | On consideration of the motion of appellant(s) for leave to late file the lodged status statement, it is ORDERED that the motion of appellant(s) is granted, and the lodged status statement is filed. It is FURTHER ORDERED that, while the motion remains pending in the trial court, counsel for appellant(s) shall advise this court every 3 months, with the next report due on March 1, 2002_____, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (GP) | |
| 12/18/2001 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 03/01/2002 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pir)) | |
| 06/03/2002 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pir)) | |
| 08/30/2002 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pir)) | |
| 12/02/2002 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pii)) | |
| 03/03/2003 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pii)) | |
| 06/02/2003 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pii) | |
| 09/02/2003 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pii)) | |
| 12/08/2003 | | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status report. no oppo | |
| 12/08/2003 | | RECEIVED - aplt's status report. | |
| 12/11/2003 | | On consideration of the motion of appellant for leave to late file the lodged status statementt, it is ORDERED that the motion of appellant is granted, and the lodged status statement is filed. It is FURTHER ORDERED that, while the motion remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on March 1, 2004,_____ as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (GP) | |
| 12/11/2003 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 04/02/2004 | | It appearing that a status statement of the motion pending in the trial court was due to be filed on or before March 1, 2004, and has not yet been lodged with this court, it is ORDERED that counsel for appellant shall, within 15 days from the date of this order, file the status 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 status statement or to request an extension of time within which to do so. Failure to comply with this order may result in the vacating of the order which stayed this appeal and the issuance of a briefing order. (GP) | |
| 04/19/2004 | | APLT'S MOTION TO LATE FILE STATUS STATEMENT no oppo | |
| 04/19/2004 | | RECEIVED - aplt's status statement. | |
| 04/22/2004 | | On consideration of the motion of appellant(s) for leave to late file the lodged status statement, it is ORDERED that the motion of appellant(s) is granted, and the lodged status statement is filed. It is FURTHER ORDERED that, while the motion remains pending in the trial court, counsel for appellant(s) shall advise this court every 3 months, with the next report due on July 19, 2004, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (GP) | |
| 04/22/2004 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 07/19/2004 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pii)) | |
| 10/28/2004 | | It appearing that a status statement of the motion pending in the trial court was due to be filed on or before October 18, 2004, and has not yet been lodged with this court, it is ORDERED that counsel for appellant shall, within 15 days from the date of this order, file the status 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 status statement or to request an extension of time within which to do so. Failure to comply with this order may result in the vacating of the order which stayed this appeal and placing this appeal for calendaring. (GP) | |
| 11/15/2004 | | APLT'S MOTION TO LATE FILE STATUS STATEMENT no oppo | |
| 11/15/2004 | | RECEIVED - aplt' status report. | |
| 11/18/2004 | | On consideration of the motion of appellant for leave to late file the lodged status statement, it is ORDERED that the motion of appellant is granted, and the lodged status statement is filed. It is FURTHER ORDERED that, while the motion remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on February 1, 2005, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. (GP) | |
| 11/18/2004 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 02/11/2005 | | It appearing that a status statement of the motion pending in the trial court was due to be filed on or before February 1, 2005, and has not been filed, it is ORDERED that counsel for appellant shall within 15 days from the date of this order submit the status statement, 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 status statement or to request an extensiion of time within which to do so. Failure to comply with this order may result in this appeal being placed on the next available calendar. (GP) | |
| 02/28/2005 | | APLT'S MOTION TO LATE FILE STATUS STATEMENT no oppo | |
| 02/28/2005 | | RECEIVED =- statement report re pending trial court motion | |
| 03/08/2005 | | On consideration of appellant's motion for leave to late file the lodged status statement, to which no opposition has been filed, it is ORDERED that the motion is granted, and the lodged status statement is filed. It is FURTHER ORDERED that while the motion remains pending in the trial court, counsel for appellan t(s) shall advise this court every three months, with the next report due on May 2, 2005, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (JJ) | |
| 03/08/2005 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (STILL PENDING) | |
| 05/06/2005 | | APLT'S MOTION TO LATE FILE STATUS STATEMENT no oppo | |
| 05/06/2005 | | RECEIVED - aplt's status report. | |
| 05/17/2005 | | On consideration of appellant's motion for leave to late file the lodged status statement, to which no opposition has been filed, it is ORDERED that the motion is granted, and the lodged status statement is filed. It is FURTHER ORDERED that while the motion remains pending in the trial court, counsel for appellant shall advise this court every three months, with the next report due on August 1, 2005, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (GP) | |
| 05/17/2005 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) | |
| 08/11/2005 | | APLT'S MOTION TO LATE FILE STATUS STATEMENT no oppo | |
| 08/11/2005 | | RECEIVED - aplt's status statement. | |
| 08/18/2005 | | On consideration of appellant's motion for leave to late file the lodged status statement, to which no opposition has been filed, it is ORDERED that the motion is granted, and the lodged status statement is filed. It is FURTHER ORDERED that while the motion remains pending in the trial court, counsel for appellan t(s) shall advise this court every three months, with the next report due on December 1, 2005, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (GP) | |
| 08/18/2005 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) | |
| 12/01/2005 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 12/19/2005 | | ORDERED that appellant shall show cause within 20 days from the date of this order, why the stay should not be vacated in light of the policy announced in administrative order No. M225-05. (ETW) | |
| 01/09/2006 | | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION in repsonse to this court's 12/19/05 show cause order. (pii) | |
| 01/20/2006 | | ORDERED that appellant's motion is granted and appellant shall show cause within 20 days from the date of this order, why the stay should not be vacated in light of the policy announced in administrative order No. M225-05. (ETW) | |
| 02/09/2006 | | RESPONSE TO ORDER TO SHOW CAUSE- to court's order | |
| 02/24/2006 | | ORDERED that appellant shall within 60 days from the date of this order file a detailed status statement. Failure to comply with this order shall result in the stay being vacated and appeal calendared. (ETW) | |
| 04/24/2006 | | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |
| 05/25/2006 | | ORDERED that the stay entered by this court on September 23, 1999, is hereby vacated. F/O that this appeal shall be scheduled for consideration before a mertis division as soon as the calendar permits. (ETW) | |
| 05/25/2006 | | PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED | |
| 06/21/2006 | | LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (Sept - D'Antuono & Menzer) | |
| 07/25/2006 | | LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING | |
| 08/29/2006 | | CALENDAR NOTICE SENT | |
| 10/04/2006 | | MEMORANDUM - Atty Kent will argue in place of Menzer. | |
| 10/23/2006 | | CERTIFICATE PER RULE 28 | |
| 10/26/2006 | Filed | ACTION - Argued / Submitted | |
| 10/26/2006 | | ARGUED before Judges Glickman, Blackburne-Rigsby, Schwelb Frances M. D'Antuono, Esq. for appellant David B. Kent, Esq. for appellee | |
| 12/15/2006 | | ORDER sua sponte that the parties shall file supplemental submissions addressing the following matters: 1) whether, in light of the record in this case and the trial judge's uncertainty as to whether the prosecutor had incorrectly represen- ted the record, the judge was under an obligation before ruling on the defense objection and motion for mistrial, to determine, from a transcript or the reading back of Janice Jackson's testimony, whether or not the prosecutor's description of that testimony was erroneous in material respects; 2) if the judge had such an obligation, the legal consequences of his failure to carry it out; 3) whether, upon the filing of the supple- mental submissions, these issues will be ripe for review by this court; and 4) the applicable standard of review. Appellant's supplemental submission shall be filed within 20 days of the date of this order, and appellee's response shall be filed within 20 days thereafter. Appellant shall have 10 days thereafter to file a reply submission. (GL,BR,SC) | |
| 01/03/2007 | | APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM (per DCCA order 12/15/06) | |
| 01/23/2007 | | APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFno oppo to 2/23/07 | |
| 01/25/2007 | | On consideration of the unopposed motion of appellee for extension of time within which to file appellee's supplemental brief, it is ORDERED that the motion is granted to the extent that appellee's supplemental brief shall be filed on or before February 9, 2007. No further extension of time will be granted absent exceptional circumstances. (GL,B-R,SC) | |
| 02/09/2007 | | APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM | |
| 02/26/2007 | | APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to 4/2/07. no oppo | |
| 03/06/2007 | | On consideration of the motion of appellant for enlargement of time within which file supplemental reply brief, it is ORDERED that the motion is granted and appellant'ssupplemental reply brief shall be filed on or before April 2, 2007. (GL,G-R,SC) | |
| 04/02/2007 | | APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF until May 2, 2007 (no oppo) | |
| 04/05/2007 | | On consideration of the motion of appellant for enlargement of time within which file supplemental reply brief, it is ORDERED that the motion is granted and appellant's supplemental reply brief shall be filed on or before May 2, 2007. (GL,B-R,SC) | |
| 05/02/2007 | | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for extension of time to file supplemental reply brief (no oppo) | |
| 06/04/2007 | | APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to 6/18/07. no oppo | |
| 06/07/2007 | | AFFIRMED IN PART/REVERSED IN PART Opinion (Glickman, Blackburne-Rigsby, Schwelb) and Judgment affirming in part and reversing in part the judgment of conviction and remanding the case to the trial court for proceedings consistent with said opinion. Amended opinion filed July 26, 2007. | |
| 06/07/2007 | | ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION (Glickman, Blackburne-Rigsby, Schwelb) The motions are denied as moot. | |
| 06/27/2007 | | APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to amend opinion | |
| 06/29/2007 | | MANDATE ISSUED | |
| 07/26/2007 | | ORDER GRANT APLE MISCELLANEOUS SUBSTANTIVE MOTION (Glickman, Blackburne-Rigsby, Schwelb) and the opinion dated June 7, 2007 is amended and reissued in amended form this date. | |