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United States Court Cases

District Of Columbia Court Of Appeals Record

NORVELLE L. NELSON V. UNITED STATES

Case Information: 97-CF-0431
Short Caption:NORVELLE L. NELSON V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead: 97-CF-0134 Consolidated: 00-CO-1511 , 00-CO-1517 , 01-CO-0672 , 01-CO-0724 , 97-CF-0172 , 97-CF-0431, 99-CO-0205
Superior Court or Agency Case Number:F6370-94Filed Date:03/24/1997

Opening Event Date:03/24/1997Case Status:Closed
Record Completed:09/11/2001Post-Decision Matter Pending:
Briefs Completed:11/14/2002
Argued/Submitted:04/23/2003
Disposition:Next Scheduled Action:
Mandate Issued:10/05/2006
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantNorvelle L. Nelson YPro SeN
AppelleeUnited StatesN
John R. Fisher NN
David B. GoodhandYN

Events
Event DateStatusDescriptionResult
01/01/1970error
01/01/1970error
01/01/1970error
01/01/1970error
01/01/1970error
01/01/1970error
01/01/1970error
01/01/1970error
03/24/1997NOTICE OF APPEAL Leroy Nesbit Bar #41871 ph. 202-466-6325
07/14/1997RECORD ON APPEAL
08/05/1997ORDERED, sua sponte, that appeals nos. 97-CF-134, 97-CF-172 and 97-CF-431 are consolidated for all purposes herein. It is F/O, sua sponte, that in appeal no. 97-CF-431, Peter H. Meyers, Esquire, is appointed to represent appellant herein. It is F/O, that in appeal no. 97-CF-431, counsel for appellant shall file the docketing statement within 10 days from the date of this order. It is F/O that in appeal no. 97-CF-431, the Clerk of the Superior Court shall prepare and transmit the record on appeal to this court without fee forthwith. It is (More)
08/05/1997ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to vacate the briefing schedule to the extent that the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. (BY: AMW)
08/05/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Peter H. Meyers, Esq. for 97-CF-431 only
08/11/1997APPELLANT'S DOCKETING STATEMENT in 97-CF-431 (RT ordered)
08/25/1997ORDERED, sua sponte, that this court's order of August 5, 1997, is hereby vacated to the extent that it directed the Clerk of Superior Court to prepare and transmit the record on appeal to this court in appeal no. 97-CF-431. (BY: AMW)
08/28/1997RECEIVED - aplt's mot for additional rt's filedd in sup crt
09/26/1997SUPPLEMENTAL RECORD #6 (9-pgs/ roman 11/19/96 proc.)
11/17/1997RECEIVED - courtesy copy of ltr from Mr. Ponds to Ms. Kent re rt's
11/19/1997SUPPLEMENTAL RECORD #7 (193 pages--E. Ramos) (11/5/96 proc.)
11/19/1997SUPPLEMENTAL RECORD #8 (11 pages--Tape (1/28/97 proc.)
12/01/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to compel trial counsel to provide complete file to aplt's present counsel
12/02/1997SUPPLEMENTAL RECORD #9 (8-pgs/burns 3/17/97 proc.)
12/12/1997SUPPLEMENTAL RECORD #10 (167-pgs/jones 11/14/96 proc.)
12/12/1997RECORD COMPLETED
12/29/1997TMC - Aplt's motion to compel trial defense counsel to provide complete file to appellant's present counsel in appeal no. 97-CF-134
01/15/1998ORDERED that the predecessor counsel Billy Ponds, Esquire shall, within 20 days from the date of this order, file a statement advising this court as to his compliance with this court's June 11, 1997, order, or file a response to present counsel's motion to compel. It is F/O that the motion of appellant to compel trial defense counsel to provide the complete file to appellant's present counsel is held in abeyance pending further order of this court. (STFAMK)
01/20/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for authorization of trip to youngstown, Ohio prison 2 of 1 motions (Donnell D. Porter)
01/20/1998TMC - Motion of counsel in no. 97-CF-134 for authorization to visit appellant at Youngstown Prison in Ohio
01/27/1998STATEMENT - from aplt re: status report
01/27/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to the extent that M. Elizabeth Kent, Esquire, is authorized to submit the cost of visiting appellant when she submits her voucher in appeal no. 97-Cf-134. (by: STFAMK)
02/02/1998TMC - Aplt's motion to compel trial defense counsel to provide complete file to aplt's present counsel - Status report in response to this court's Jan 15, 1997, order (trial counsel)
02/06/1998RECEIVED - mot for appointment of counsel to prepare and file 23-110 mot filed by M. Elizabeth Kent (filed in superior court)
02/13/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (renewed) mot to compet trial counsel to provide complete file to aplt's present counsel
02/25/1998APPELLANT'S ANSWER/RESPONSE to aplt's renewed mot to compet trial counsel to provide complete file
02/26/1998SUPPLEMENTAL RECORD #11 (68-pgs/ramon 11/7/96 proc.)
03/03/1998APPELLANT'S REPLY - to aple's response to renewed motion to compel trial defense counsel to provide complete file to aplt's present counsel
03/17/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to compel trial defense counsel to provide the complete file, and trial defense counsel should cooperate in resolving this matter. F/O that the consolidated brief of appellant shall be filed within 40 days from the date of this order, and the consolidated brief of appellee shall be filed within 30 days thereafter. (by: STFAMK)
04/27/1998APPELLANT'S MOTION FOR STAY - (Porter) appeal or for 60 extension of time
05/19/1998ORDER GRANTING the motion to the extent that appellant Donnell D. Porter shall file the brief or a renewed motion to stay these appeals, accompanied by a stamped copy of the D.C. Code Section 23-110 motion filed in the trial court on or before June 26, 1998. (BY: GPJ)
06/09/1998SUPPLEMENTAL RECORD - #12 (61 pgs/Bankins) 11/20/95 proc.
06/26/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION that the time for filing a renewed mot to stay in this Court, accompanied by a file stamped copy of 23-110 mot filed in trial court
07/07/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for an extension of time to file a renewed motion to stay in appeal no. 97-CF-134, accompanied by a file stamped copy of his 23-110 motion filed in the trial court, on or before July 27, 1998. (By: GP)
07/27/1998APPELLANT'S MOTION FOR STAY of appeal (Renewed)
07/27/1998RECEIVED courtesy copies of Motion to Unseal Transcript of Monroe-Farrell Inquiry and Motion to Vacate Convictions and for a New Trial pursuant to DC Code SS23-110.
08/12/1998RECEIVED courtesy copy of Notice of Filing in Superior Court regarding 23-110 motion.
08/25/1998LETTER from appellant (Rhasaan Alston) asking for appointment of new counsel.
08/26/1998LETTER referring to counsel the August 25 pro se letter from appellant (Alston) asking for new counsel. (JAC)
09/14/1998RECEIVED pro se letter from appellant regarding ineffective assistance of counsel and request for new counsel.
09/17/1998LETTER referring to counsel for appellant (Alston) the Sept. 14 pro se letter from appellant and directing a response within 20 days. (JAC)
09/21/1998LETTER from aplt in 97-CF-172, re counsel
09/22/1998LETTER referring to counsel for appellant (Alston) the Sept. 21 pro se letter from appellant. (JAC)
10/05/1998RECEIVED pro se letter from appellant (Alston) re ineffective assistance of counsel.
10/09/1998ORDER: 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 January 2, 1998 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. (By: AMW)
10/09/1998CASE STAYED
10/16/1998LETTER to counsel for appellant indicating that no response has been received to this court's letter of Sept. 17 and directing counsel to file a response within 20 days. (JAC)
11/05/1998LETTER from aplt's counsel re correspondence with aplt
11/24/1998LETTER - from attorney (Alston) re: client c
12/31/1998STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
01/19/1999RECEIVED - appellant Alston's motion for the appointment of new counsel. (vvd)
01/26/1999LETTER referring to counsel for appellant the Jan. 19 pro se motion from appellant and directing a response from counsel within 20 days (Alston) (JAC)
02/17/1999STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/22/1999LETTER to counsel for appellant indicating that no response has been received to this court's letter of Jan. 26 and directing counsel to respond within 20 days. (JAC)
03/01/1999LETTER from appellant regarding non-response of counsel to last letter sent by the court.
03/10/1999COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS in 97-CF-172 Granted
04/01/1999error
04/02/1999ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 97-CF-134, 99-CO-205, 97-CF-172 & 97-CF-431 for all purposes. F/O that the stay entered in appeals nos. 97-CF-134, 97-CF-172 and 97-CF-431 on Oct. 9, 1998, is hereby vacated.
04/02/1999ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONin appeal no. 97-CF-172 and the appointment of Neal L. Thomas, Esq., is hereby vacated, and Carl E. Snead, Esq., is hereby appointed to represent Rhasaan J. Alston herein. Neal L. Thomas, Esq., shall transmit all docs. pertaining to appeal no. 97-CF-172 to the newly appointed counsel forthwith. F/O that M. Elizabeth Kent, Esq., is appointed to represent Donnell D. Porter in appeal no. 99-CO-205. F/O that Donnell D. Porter shall, w/in 10 days, fil the docketing statement in appeal no. 99-CO-205. (BY:AMW) sw
04/02/1999PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/06/1999LETTER from aplt in 97-CF-172 re ineffective assistance
04/09/1999APPELLANT'S DOCKETING STATEMENT (Porter) (RT ordered)
04/15/1999SUPPLEMENTAL RECORD #14 (158-pgs/griffin 2/5/99 proc.)
07/13/1999 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. (By: GP)
08/23/1999APPELLANT'S BRIEF in 97-CF-172 (Rhasaan J. Alston)
09/01/1999SUPPLEMENTAL RECORD - #15 (66 pgs/Schertzer) 2/12/99 proc.
10/01/1999ORDER: The briefs of appellants Donnell D. Porter and Norvelle L. Nelson shall be filed within 20 days from the date of this order, accompanied by a motion for leave to file the briefs out of time. The motion should set forth good cause for the failure either to timely file the briefs or to request an extension of time within which to do so. Failure to comply with this order shall subject theseappeals to dismissal without further notice. See D.C. App. R. 14. (By: GP)
10/05/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (aplt Porter) (motion to vacate 10/1/99 order and for extension of time to file brief) (vvd)
10/08/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (stay of the briefing schedule pending preparation of transcripts) (aplt Nelson) (vvd)
10/27/1999ORDER: ORDERED, that this court's order of October 1, 1999, is hereby vacated regarding the briefing for appellant Norvelle L. Nelson. ( M O R E )
10/27/1999 On consideration of the uncontested motion of appellant Donnell D. Porter for an extension of time within which to file the brief, it is ORDERED that the motion of appellant Donnell D. Porter is granted, and the brief of appellant Donnell D. Porter shall be filed on or before November 30, 1999. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. ( M O R E)
10/27/1999 On consideration of the unopposed motion of appellant Norvelle L. Nelson for an extension of time within which to file the brief, it is ORDERED that the motion of appellant Norvell L. Nelson is granted to the extent that the brief is due within 60 days after counsel's receipt of his copies of the transcript(s). FO that counsel for appellant Norvelle L. Nelson shall, within 15 days from the date of this order, advise this court when he is in receipt of all transcript. (By: AMW)
11/01/1999APPELLANT'S ANSWER/RESPONSE to court's order dtd 10/27/99 in 97-CF-431.
11/30/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo (porter) 1/10/00
12/08/1999ORDER: ss, that this court's October 7, 1999 order is hereby amended to the extent that counsel for appellant Norvelle L. Nelson shall advise this court, within 15 days thereof, of the date of his receipt of the ordered transcripts. (MORE)
12/08/1999 On consideration of the unopposed motion of appellant Donnell D. Porter for an extension of time to file the brief, it is ORDERED that the motion is granted, and the brief of appellant Donnell D. Porter for an extension of time to file the brief is granted, and the brief shall be filed on or before January 10, 2000. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: AMW_
01/10/2000APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (porter) for 8 days
01/19/2000APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
01/28/2000RECEIVED - aplt's brief (D. Porter) (vvd)
02/07/2000ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the lodged brief of porter is filed. F/O that counsel for appellant Norvelle L. Nelson shall, w/in 30 days, advise this court as to the status of the incomplete transcripts. (by: GP) sw
02/07/2000APPELLANT'S BRIEF (Porter)
03/03/2000APPELLANT'S ANSWER/RESPONSE re rt's
05/19/2000ORDERED that counsel for appellant Norvelle L. Nelson shall advise this court within 30 days from the date of this order, as to the status of the incomplete transcript(s). (By: GP)
06/09/2000APPELLANT'S MOTION FOR STAY - appeal no oppo (Nelson)
06/21/2000APPELLANT'S MOTION FOR STAY - appeals (Porter) to 7/20/00 to enable counsel to file a Rule 33 and/or DC Code 23-110 motion. (vvd)
07/06/2000RECEIVED - mot for a new trial based on newly discovered evidence, filed in sup crt.
07/19/2000RECEIVED - affidavit of Rhasaan J. Alson
07/24/2000RECEIVED - supplement to mot for a new trial based on newly discovered evidence filed by Ms. Kent.
10/23/2000ORDERED that motions are granted, and these appeals are hereby stayed pending further order of this court. If motion in the trial court is denied, review of that denial may sought only by filing a separate notice of appeal, after which the appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). F/O that, while the motions are pending in the trial court, counsel for appellants shall advise this court every 3 months, with first such report due on January 1, 2001, as to the status of the proceedings in the trial court. Counsel for appellants shall advise this court in writing within 15 days after the disposition of the motion. (BY: AMW)
10/23/2000RECEIVED - motion for reconsideration filed in Sup Crt.
11/17/2000MISCELLANEOUS - aplt's interim notice in comliance with Court's order filed on 10/23/00.
01/02/2001STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/12/2001CERTIFICATE PER RULE 28 (Porter)
03/13/2001PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
03/13/2001ORDERED, sua sponte, that the stay entered by this court on October 23, 2000, in appeals nos. 97-CF-134, 99-CO-205, 97-CF-172 and 97-CF-431, is hereby vacated. F/O, sua sponte, that appeals nos. 97-CF-134, 99-CO-205, 97-CF-172, 97-CF-431, 00-CO-1511 and 00-CO-1517 are consolidated for all purposes herein. F/O that Peter Meyers, Esquire, is appointed to represent appellant in appeal no. 00-CO-1517. F/O that M. Elizabeth Kent, Esquire, is appointed to represent appellant in appeal no. 00-CO-1511.F/O that appellants shall, within 10 days from the date of this order, file the docketing statements in appeals nos. 00-CO-1511 and 00-CO-1517. F/O that the appellant shall, within 30 days from the date of this order, file the supplemental brief in appeal no. 00-CO-1511. F/O that the brief of appellant in appeals nos. 97-CF-431 and 00-CO-1517 shall be filed within 40 days from the date of this order, and the brief of appellee shall be filed wihtin 30 days thereafter. See D.C. App. R.31. (BY: AMW)
03/19/2001APPELLANT'S DOCKETING STATEMENT in 00-CO-1517.(no RT ordered - dwm)
03/23/2001APPELLANT'S MOTION FOR STAY
03/23/2001APPELLANT'S DOCKETING STATEMENT (RT ordered in 00-CO-1511 - dwm)
04/16/2001APPELLANT'S MOTION FOR STAY no oppo (Nelson)
05/11/2001ORDERED that the motions of appellants Donnell D. Porter and Norvelle L. Nelson are granted, and appellants Donnell D. Porter and Norvelle L. Nelson's appeals are hereby stayed pending further order of this court. If the motions in the trial court are 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. United States, 559 A. 2d 1321, 1322 (D.C. 1989). F/O that counsel for both appellants Donnell D. Porter and Norvelle L. Nelson shall file a filed-stamped copies of the 23-110 motions with this court within 10 days from the date of this order. F/O that counsel for appellants Donnell D. Porter and Norvelle L. Nelson shall, advise this court as to the status of the motions filed in the trial court, on or before May 20, 2001. F/O that, while the motions are pending in the trial court, counsel for appellants Donnell D. Porter and Norvelle L. Nelson shall advise this court every 3 months, with the second such report due on July 2, 2001, as to the status of the proceedings in the trial court. Counsel for appellants shall advise this court in writing within 15 days after the disposition of the motions. (BY: AMW)
05/11/2001CASE STAYED Porter and Nelson appeals ONLY
05/18/2001APPELLANT'S ANSWER/RESPONSE - to order 5/11/01 (Nelson's 23-110 moton was denied on 5/1/01 and a NOA was filed on 5/4/01) (pir)
05/21/2001STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Porter) (with attached Motion for New Trial filed in the Superior Court - dwm)
06/05/2001error ta
06/05/2001ORDERED, sua sponte, that appeals nos. 01-CF-672 and 01-CO-724 are consolidated with appeals nos. 97-CF-134, 97-CF-172, 97-CF-431, 99-CO-205, 00-CO-1511 and 00-CO-1517 for all purposes herein. F/O, sua sponte, that the stay entered by this court on May 11, 2001, in appeals nos. 97-CF-134, 99-CO-205, 97-CF-431, 00-CO-1511 and 00-CO-1517, is hereby vacated. F/O/ that Peter H. Meyers, Esquire, is hereby appointed to represent appellant in appeal no. 01-CO-672 herein. F/O that M. Elizabeth Kent, Esquire, is hereby appointed to represent appellant in appeal no. 01-CO-724 herein. F/O that appellants shall file the docketing statements in appeals nos. 01-CO-672 and 01-CO-724 within 10 days from the date of this order. F/O that the Clerk of the Superior Court shall prepare and transmit the recordson appeal in appeals nos. 01-CO-672 and 01-CO-724 to this court forthwith. (BY: AMW)
06/05/2001PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
06/13/2001RECORD ON APPEAL - 01co724
06/13/2001RECORD ON APPEAL - 01co672
06/14/2001APPELLANT'S DOCKETING STATEMENT (01-CO-724 RT ordered - dwm)
06/15/2001SUPPLEMENTAL RECORD - #16 (111 pgs/Sargent-Burns) 5/1/01 proc.
07/25/2001SUPPLEMENTAL RECORD - #17 (55pgs/Ronan) 3/19/01 proc.
07/26/2001SUPPLEMENTAL RECORD #18 (84-pgs/tanner 5/1/01 proc.)
09/11/2001SUPPLEMENTAL RECORD - #19 (25pgs/Tape) 4/27/01 proc.
09/11/2001RECORD COMPLETED
11/16/2001RECEIVED pro se letter from appellant regarding lack of communication from court-appointed counsel.
11/28/2001LETTER referring to counsel for appellant the Nov. 16 pro se letter from appellant and directing counsel to respond within 20 days. (JAC)
01/07/2002LETTER to counsel for appellant indicating that no response has been received to this court's letter of 11/28/01 and directing counsel to respond within 20 days. (JAC)
01/18/2002 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)
01/24/2002COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Alston) Granted
02/22/2002RECEIVED - Porter's mot to supp the record filed in sup crt.
02/25/2002APPELLANT'S BRIEF Norvelle Nelson
02/25/2002APPELLANT'S BRIEF (Porter)
03/21/2002ORDER: Grant the motion of counsel for appellant Rhasaan J. Alston is granted, and the appointment of Carl E. Snead, Esquire, is hereby vacated, and Thomas T. Heslep, Esquire, is appointed to represent appellant Rhasaan J. Alston herein. Carl E. Snead, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that the brief of appellant Rhasaan J. Alston shall be filed within 40 days from the date of this order, and the consolidated brief of appellee shall be filed within 30 days thereafter. See D.C. App. R. 31. (BY: AMW)
03/25/2002SUPPLEMENTAL RECORD #20 - (21pgs/Tape) 4/27/01 proc.
03/25/2002SUPPLEMENTAL RECORD - #21 (32pgs/Tape) 3/19/01 proc.
03/25/2002SUPPLEMENTAL RECORD - #22 (Judge Winfield's order dated 5/17/01 and motion for reconsideration)
03/26/2002APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Thomas T. Heslep, Esquire
05/09/2002 On consideration of this court's order of March 21, 2002_____, directing appellant Rhassan J. Alston to file the brief within 40 days from the date of the order, and it appearing that the brief has not yet been filed with this court, it is ORDERED that counsel for appellant Rhassan J. Alston shall, within 20 days from the date of the order file the brief, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (GP)
05/29/2002APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo for 30 days (Alston)
06/04/2002 On consideration of the motion of appellant Rhasaan J. Alston for 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 Rhasaan J. Alston shall be filed on or before June 10, 2002. (pir)
06/10/2002APPELLANT'S BRIEF (pir) of Rhasaan Alston
06/10/2002APPELLANT'S MOTION TO REMAND (Alston)
07/03/2002ORDERED that the motion of appellant Rhasaan J. Alston is denied without prejudice to refiling upon indication that the trial court is inclined to grant the requested relief. See Shephard v. United States, 533 A.2d 1278, 1280 (D.C. 1987). F/O that counsel for appellant Rhasaan J. Alston shall advise this court, within 30 days from the date of this order, as to the status of the D.C. Code 23-110 motion in the trial court. (BY: AMW)
09/13/2002 On consideration of this court's order of July 3, 2002, which directed counsel for appellant Rhasaan J. Alston to advise this court as to the status of the D.C. Code Sec. 23-110 motion filed in the trial court, and it appearing that the status statement has not yet been filed with this court, it is ORDERED that counsel for appellant Rhassan J. Alston shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to late file the status 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 appellee being directed to file its brief. (GP)
09/20/2002APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to accept report no oppo (Alston)
09/20/2002RECEIVED - aplt's status report to the court (Alston)
10/01/2002 ERROR
10/03/2002APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 11/1/02
10/08/2002TMC - Aplt's motion to accept report - Aplt's report (lodged)
10/10/2002ORDERED that these consolidated appeals will proceed and appellee's consolidated brief shall be filed within 30 days from the date of this order. See Williams v. United States, 783 A.2d 598, 602, ftnt 4 (D.C. 2001)(en banc)(Noting that nothing in Shepard v. United States, 533 A.2d 1278 (D.C. 1987) requires that a direct appeal be stayed pending resolution of a D.C. Code 23-110 motion.). (by: GLWSNE)
11/12/2002APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES no oppo
11/12/2002RECEIVED - aple's brief.
11/13/2002TMC - Aple's motion to exceed page limit - Aple's brief (lodged)
11/14/2002ORD GRT APLE MO FOR LV TO FL BRF IN EXCESS OF PGS and the Clerk shall file the lodged brief of appellee. F/O that these cases shall be scheduled for consideration before a merits division as soon as the calendar permits. (by: SCRZNE)
11/14/2002APPELLEE'S BRIEF
11/14/2002BRIEFS COMPLETED
11/22/2002RECEIVED - copy of a page of a transcript proc. 11/14/96 court reporter Cathryn J. Jones
11/23/2002FINAL SCREENING - REGULAR CALENDAR
12/02/2002APPELLANT'S REPLY BRIEF (Porter)
01/09/2003ORDERED, sua sponte, that appeal no. 02-CO-1370 is consolidated with previously consolidated appeals nos. 97-CF-134, 97-CF-172, 97-CF-431, 99-CO-205, 00-CO-1511, 00-CO-1517, 01-CO-672 & 01-CO-724 for all purposes herein. F/O that Thomas T. Heslep, Esquire, is hereby appointed to represent appellant in appeal no. 02-CO-1370 herein. F/O that appellant shall file the docketing statement in appeal no.02-CO-1370 within 10 days from the date of this order. F/O that the Clerk of the Superior Court shall prepare and transmit the record on appeal in appeal no. 02-CO-1370 to this court forthwith. (BY: AMW)
01/30/2003LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
02/04/2003LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Meyers)
02/05/2003LETTER FROM COUNSEL REQUESTING ORAL ARGUMENT (Porter)
02/05/2003RECEIVED Alston memorandum opinion and order.
02/14/2003ORDERED that appeal no. 02-CO-1370 is severed from the other consolidated appeals. F/O that appeals nos. 97-CF-134, 97-CF-172, 97-CF-431, 99-CO-205, 00-CO-1511, 00-CO-1517, 01-CO-672, 01-CO-724 shall be considered before a merits division as soon as the calendaar permits. (BY: AMW)
02/27/2003APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
02/27/2003RECEIVED - aple's supp brief.
02/28/2003CALENDAR NOTICE SENT
03/04/2003 On consideration of the motion of appellee(s) for leave to late file the lodged supplemental brief, and no opposition having been filed, it is ORDERED that the motion of appellee(s) is granted, and the lodged supplemental brief of appellee(s) is filed. (GP)
03/04/2003APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
04/23/2003FiledACTION - Argued / Submitted
04/23/2003ARGUED (WG,FA,NB) M. Elizabeth Kent, Esq., for appellant. Thomas T. Heslep, Esq., for appellant. Peter H. Meyers, Esq., for appellant. DAvid B. Goodhand, Esq., for appellee.
06/19/2003AFFIRMED IN PART/REMANDED IN PART Opinion
07/03/2003APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 2 wks and for issuance of mandate. (Porter) no oppo
07/03/2003CJA ATTORNEY'S QUALLS LETTER
07/14/2003ORD GRT APLT MO TO EXTEND TIME TO FILE PET FOR REH on or before July 17, 2003. (for Porter) (WA)
07/14/2003MANDATE ISSUED for 97-CF-172,97-CF-431, 00-CO-1517, 01-CO-672, Alston and Nelson
07/15/2003APPELLANT'S PETITION FOR REHEARING EN BANC (Porter)
05/09/2005LETTER from counsel for appellant regarding status of petition for rehearing.
05/09/2005LETTER to counsel for appellant in response to the May 9 letter. (JAC)
09/08/2006CERTIFICATE PER RULE 28 (Wilson-Bey)
09/26/2006ORDER DENYING APPELLANT'S PETITION FOR REHEARING also ORDERED that appellant's request for editorial or other corrections is denied except insofar as set forth in a separate order filed this date correcting the opinion issued in these appeals. (FA,WA,NE) (Judge Wagner was Chief Judge of this court at time of decision. Her status changed to Senior Judge on December 21, 2005.)
09/26/2006ORDER On consideration of appellant's request for editorial changes or corrections to the court's opinion, which he set forth in a petition for rehearing that was denied by the court on September 26, 2006, it is ORDERED that this court's opinion, filed June 19, 2003, reported at 826 A.2d 398 (D.C. 2003), is hereby amended as stated in said order. It is FURTHER ORDERED that, in all other respects, the request for changes in the opinion is denied. (FA,WA,NE) (Judge Wagner was Chief Judge of this court at time of decision. Her status changed to Senior Judge on December 21, 2005.) (See copy of order in clerk's file for changes to the opinion.)
10/04/2006CJA ATTORNEY'S QUALLS LETTER (Porter)
10/05/2006MANDATE ISSUED
07/01/2014FiledMotion To Recall The Mandate (Appellant-Nelson)Denied
07/08/2014FiledTMC//MOTION TO RECALL MANDATE
10/16/2014FiledORDER DENYING APPELLANT'S (NELSON) MOTION TO WITHDRAW MANDATE