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United States Court Cases

District Of Columbia Court Of Appeals Record

TOUSSELL VAN KUHN V. UNITED STATES

Case Information: 99-CF-1292
Short Caption:TOUSSELL VAN KUHN V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Lead:99-CF-1292Consolidated: 00-CF-1513 , 01-CO-0145 , 05-CO-0335
Superior Court or Agency Case Number:FEL8639-98Filed Date:08/23/1999

Opening Event Date:08/23/1999Case Status:Closed
Record Completed:04/11/2001Post-Decision Matter Pending:
Briefs Completed:09/12/2005
Argued/Submitted:04/06/2006
Disposition:Next Scheduled Action:
Mandate Issued:06/30/2006
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantToussell Van Kuhn Y
Marc L. ResnickYY
AppelleeUnited StatesN
Thomas S. Rees YN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
08/23/1999NOTICE OF APPEAL
11/08/1999RECORD ON APPEAL
11/09/1999 On consideration of the notice of appeal filed on August 23, 1999__, and it appearing that the $50 docketing fee, docketing statement, designation of record and statement regarding transcript were due to be filed on or before October 4, 1999__ (see D.C. App. R. 7A (a)(1) and 10), and have not yet been filed, it is ORDERED that appellant_ shall, within 20 days from the date of this order, tender the $50 docketing fee and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordinator, Room 3148. It is FURTHER ORDERED that appellant_ shall simultaneously file a copy of those documents with this court, accompanied by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motion should set forth good cause for the failure either to timely file the documents or to request an extension of time within which to do so. Failure to comply with this order shall subject this_ appeal_ to dismissal without further notice. See D.C. App. R. 14. (By: GP)
11/17/1999APPELLANT'S ANSWER/RESPONSE to Court's order dtd 11/10/99.
12/27/1999ORDERED: Appellant shall, within 10 days from the date of this order, tender the $50 dockeitng fee, or an appropriate motion, and file the docketing statement with this court, and file the designation of record and statement regarding transcript with the Superior Court, Office of Appeals Coordianotr, Room 3148. It is FURTHER ORDERED that appellant shall simultaneously file a copy of those documewith this court, accompaneid by a motion for leave to file the documents out of time, and this court's $10 motion fee. The motion should set forth good cause for the failure either to timely file the documensts or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (AMW)
01/11/2000APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto court's order of 12/27/99 and motion to allow under signed counsel to withdraw 60 days no oppo
01/13/2000SUPPLEMENTAL RECORD - #1 (139 pgs/Salazar) 4/26-28/30/99 proc.
01/13/2000RECORD COMPLETED
02/25/2000ORD GRT APLT MO TO EXT TM TO FILE ANSWER/RESPONSE and to withdraw, and the appearance of Sara E. Kopecki, Esquire, is hereby withdrawn, and Douglas B. Evans, Esquire, is appointed to represent appellant herein. Sara E. Kopecki, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed forthwith. It is F/O that 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: JAT)
02/25/2000APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Douglas B. Evans, Sr., Esquire
04/25/2000ORDER: Counsel for appellant shall, within 15 days from the date of this 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. (By: GP)
06/08/2000ORDER: Counsel for appellant shall, within 15 days from the date of this 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 ordershallresult in counsel's appointment being vacated. (By: AMW)
06/28/2000LETTER - from aplt asking court to appoint representation to the appeal
08/22/2000LETTER - from aplt (Kuhn) re: appointing counsel
08/31/2000ORDERED that the appointment of Douglas B. Evans, Sr., Esquire, is hereby vacated, and Marc L. Resnick, Esquire, is appointed to represent appellant herein. Douglas B. Evans, Sr., Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that 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: AMW)
08/31/2000APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Marc L. Resnick, Esquire
09/13/2000LETTER to appellant in response to his letter of August 22. (JAC)
10/05/2000APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 60 days
10/17/2000 On consideration of the motion of appellant_ 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 shall be filed on or before December 4, 2000_. (pir)
11/21/2000APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until a motion to unseal testimony filed in the trial court is decided, and the transcript can be reviewed by aplt's cnsl. dwm
01/04/2001 On consideration of the motion of appellant_ for an extension of time within which to file the brief, in which appellant recites that he has a motion to unseal transcripts pending before Superior Court, it is ORDERED that the motion of appellant for an extension of time is granted. It is FURTHER ORDERED that appellant shall, within 30 days from the date of this order,advise this court 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. If the trial court indicates that it is inclined to grant the requested relief, appellant shall file a motion to remand the case for entry of an appropriate order by the trial 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 Smith v. Pollin, 194 F.2d 349 (D.C. Cir. 1952). (By: AMW)
01/12/2001APPELLANT'S ANSWER/RESPONSE to this court's order of 1/4/01. Appellant indicates that the motion to unseal trial court proceedings was denied on 12/22/00. Appellant states that he filed a NOA of the denial on 1/12/01. (pir)
03/07/2001ORDERED, sua sponte, that appeals nos. 99-CF-1292 and 01-CO-145 are consolidate for all purposes herein. F/O that Marc L. Resnick, Esquire, is appointed to represent appellant in appeal no. 01-CO-145. F/O that appellant shall, within 10 days from the date of this order, file the docketing statement in appeal no. 01-CO-145. (BY: AMW)
03/16/2001APPELLANT'S DOCKETING STATEMENT 00-CO-145 (no RT ordered - dwm)
04/11/2001RECORD ON APPEAL for 01CO145.
04/11/2001RECORD COMPLETED in appeal no. 01-CO-145
07/26/2001 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that 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. (GP)
07/31/2001APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days. no oppo
08/08/2001 On consideration of the motion of appellant_ 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 shall be filed on or before October 15, 2001_. (GP)
10/15/2001APPELLANT'S BRIEF of Toussel Van Kuhn
10/15/2001APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo (titled: motion to expand record) (vvd)
11/02/2001ORDERED, sua sponte, that appeals nos. 99-CF-1292, 01-CO-145 and 00-CF-1513 are consolidate for all purposes herein. F/O that the motion of appellant Toussell Kuhn is denied. F/O that the consolidated brief of appellee shall be filed within 30 days of the date the brief of Darnell Smith is filed. (BY: AMW)
12/11/2001SUPPLEMENTAL RECORD #6 (Rpt.Trans. 4/19/99 Proc.- 137 Pgs.-Rpt. N. Griffin)
12/11/2001error
01/28/2002STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Smith) (still pending (pir))
04/10/2002 error
04/19/2002ORDERED, sua sponte, that appeal no. 02-CO-323 is consolidated with previously consolidated appeals nos. 99-CF-1292, 00-CF-1513 and 01-CO-145 for all purposes herein. F/O that Marc L. Resnick, Esquire, is hereby appointed to represent appellant in appeal no. 02-CO-323 herein. F/O that appellant Toussel Van Kuhn shall file the docketing statement in appeal no. 02-CO-323 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-323 to this court forthwith. F/O that counsel for appellant Darnell Smith 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: AMW)
04/26/2002APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to file status report. no oppo
04/26/2002RECEIVED - aplt's status report for Smith.
04/29/2002APPELLANT'S MOTION TO EXTEND TIME TO FILE DS (Kuhn) in 02-CO-323.
05/09/2002 On consideration of the motion of appellant Darnell Smith to late file the lodged status statement, and no opposition having been filed, and the motion of appellant Toussell Van Kuhn for an extnesion of time within which to file the docketing statement, and no opposition having been filed, it is ORDERED that the motion of appellant Darnell Smith is granted, and the lodged status statement is filed in appeal no. 00-CF-1513. It is FURTHER ORDERED that, while the motion remains pending in the trial court, counsel for appellant Darnell Smith shall advise this court every 3 months, with the next report due on August 1, 2002, as to the status of the proceedings in the trial court. Counsel for appellant Darnell Smith shall advise this court in writing within 15 days after the disposition of the motion. It is FURTHER ORDERED that the motion of appellant Toussell Van Kuhn is granted, and the docketing statement shall be filed within 20 days from the date of this order. (GP)
05/09/2002STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION filed in appeal no. 00-CF-1513.
05/16/2002RECORD ON APPEAL (02CO323)
06/12/2002 On consideration of this court's order of May 9, 2002, granting appellant Toussell Van Kuhn's motion for an extension of time to file the docketing statement on or before May 29, 2002, and it appearing that the docketing statement has not yet been lodged with this court, it is ORDERED that counsel for appellant Toussell Van Kuhn shall, within 15 days from the date of this order, file the docketing statement, accompanied by a motion for leave to file the docketing statement out of time. The motion should set forth good cause for the failure either to timely file the docketing statement 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)
06/24/2002APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL 02co323 filed by: Attorney Marc Resnick
07/03/2002ORDERED that the moiton of appellant Toussell Van Kuhn is granted, and appeal no. 02-CO-323 is hereby dismissed. See Johnson v. United States, 513 A.2d 798 (D.C. 1986). F/O that the status statement of appellant Darnell Smith remains due on or before August 1, 2002. (BY: AMW)
07/26/2002STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Smith) (still pending (pir))
11/04/2002APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status report out of time no opp
11/04/2002RECEIVED - aplt's status report
11/12/2002 On consideration of the consent motion of appellant Darnell Smith for leave to late file the lodged status statement, it is ORDERED that the motion of appellant Darnell Smith 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 Darnell Smith shall advise this court every 3 months, with the next report due on February 1, 2003, as to the status of the proceedings in the trial court. Counsel for appellant Darnell Smith shall advise this court in writing within 15 days after the disposition of the motion. (GP)
11/12/2002STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Darnell Smith)
02/13/2003 On consideration of this court's order of November 12, 2002,_ which directed counsel for appellant Darnell Smith 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 Darnell Smith 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 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. (GP)
02/28/2003APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION Smith (no oppo)
02/28/2003RECEIVED - status report.
03/10/2003 On consideration of the motion of appellant Darnell Smith for leave to late file the lodged status statement, it is ORDERED that the motion of appellant Darnell Smith 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 Darnell Smith shall advise this court every 3 months, with the next report due on May 29, 2003, as to the status of the proceedings in the trial court. Counsel for appellant Darnell Smith shall advise this court in writing within 15 days after the disposition of the motion. (GP)
03/10/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Darnell Smith)
06/02/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Smith) (still pending (pii))
08/26/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Smith) (still pending (pii))
11/26/2003 It appearing that a status statement of the motion pending in the trial court was due to be filed on or before November 24, 2003 and has not yet been lodged with this court, it is ORDERED that counsel for Darnell Smith, 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 issuance of a new briefing order. (GP)
12/12/2003APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status. (Smith) dwm no oppo
12/12/2003RECEIVED - aplt's status report.
12/19/2003 On consideration of the consent motion of appellant Darnell Smith for leave to late file the lodged status report, it is ORDERED that the motion of appellant Darnell Smith 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 Darnell Smith shall advise this court every 3 months with the next report due on March 12, 2004, 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)
12/19/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Darnell Smith)
03/12/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Smith)(still pending) dwm
06/09/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Smith) (still pending (pii))
09/09/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (Smith) (still pending (pii))
12/08/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) (Smith)
03/18/2005 It appearing that a status statement of the motion pending in the trial court was due to be filed on or before March 1, 2005, and has not been filed, it is ORDERED that counsel for appellant Darnell Smith 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 extension of time within which to do so. Failure to comply with this order may result in the vacating of the order which stayed these appeals and the issuance of a briefing order. (GP)
03/25/2005APLT'S MOTION TO LATE FILE STATUS STATEMENT no oppo (Smith)
03/25/2005RECEIVED - aplt's status report.
04/01/2005 On consideration of appellant Darnell Smith's motion for leave to late file the lodged status statement, to which no opposition has been filed, it is ORDERED that the moiton is granted, and the lodged status statement is filed. (pii)
04/01/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (motion denied, NOA to be filed)
04/28/2005ORDERED, sua sponte, that the stay entered by this court on September 6, 2001, in appeal no. 00-CF-1513, is hereby vacated. F/O, sua sponte, that appeal no. 05-CO-335 is consolidate with previously consolidated appeals nos. 99-CF-1292, 00-CF-1513 and 01-CO-145 for all purposes herein. F/Othat Michael Madden, Esquire, is hereby appointed to represent appellant in appeal no. 05-CO-335 herein. F/O that the Clerk of the Superior Court shall prepare and transmit the record index and record copies in appeal no. 05-CO-335 to this court forthwith. F/O that the consolidated brief of appellant Darnell Smith 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. (AMW)
05/06/2005RECORD INDEX in 05-CO-335.
05/06/2005RECORD COPIES in 05-CO-335.
06/07/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. (Smith) no oppo
06/10/2005 On consideration of appellant Darnell Smith's motion for an extension of time within which to file the brief,to which no opposition has been filed, it is ORDERED that the motion is granted and appellant Darnell Smith's consolidated brief shall be filed on or before July 7, 2005. (GP)
07/07/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days (Smith)dwm no oppo
07/14/2005 On consideration of appellant Darnell Smith's motion for extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant Darnell Smith's consolidated brief shall be filed on or before August 8, 2005. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
08/08/2005APPELLANT'S BRIEF (D. Smith)
09/12/2005APPELLEE'S BRIEF
09/12/2005BRIEFS COMPLETED
09/28/2005FINAL SCREENING - REGULAR CALENDAR
12/30/2005LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING 12/30 - Rees 1/3 - Resnick
01/23/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/26/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (D. Smith)
03/03/2006CALENDAR NOTICE SENT
04/06/2006FiledACTION - Argued / Submitted
04/06/2006ARGUED before Judges Reid, Glickman, King Michael Madden, Esq., attorney for appellant Smith Thomas S. Rees, Esq. for appellee
06/08/2006AFFIRMED Opinion (Reid, Glickman, King) and Judgment affirming the judgments of conviction.
06/30/2006MANDATE ISSUED