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United States Court Cases

District Of Columbia Court Of Appeals Record

JAVIER CARD V. UNITED STATES

Case Information: 94-CF-0754
Short Caption:JAVIER CARD V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Lead:94-CF-0754Consolidated: 94-CF-0801 , 94-CF-1147
Superior Court or Agency Case Number:F7682-91Filed Date:06/22/1994

Opening Event Date:06/22/1994Case Status:Closed
Record Completed:01/25/1996Post-Decision Matter Pending:
Briefs Completed:06/03/1999
Argued/Submitted:10/30/2002
Disposition:Next Scheduled Action:
Mandate Issued:12/22/2004
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus-AppellantAmerican Civil Liberties Union of the Nat'l C.A.N
Arthur B. SpitzerNY
AppellantJavier Card Y
Jeffrey T. GreenNY
Rudolph M. Kammerer NN
Amanda L. Tyler YN
AppelleeUnited StatesN
John R. Fisher NN
Barbara J. Valliere YN

Events
Event DateStatusDescriptionResult
06/22/1994NOTICE OF APPEAL
06/22/1994APPEARANCE of Billy L. Ponds, Esq as retained counsel for appellant
06/23/1994APPELLANT'S DOCKETING STATEMENT
07/19/1994STATEMENT by appellant in reference to the associated with filing the appeal documents and ordering the transcript.
08/01/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file in forma pauperis.
08/01/1994RECEIVED appellant's motion to proceed in forma pauperis
08/24/1994ORDER GRANT APLT MO TO PROCEED IN FORMA PAUPERIS and the Clerk of Superior Court shall prepare and transmit the record on appeal to this court without fee forthwith; and the request for transcript is denied without prejudice to renewal in the trial court. (By AMW)
09/26/1994DESIGNATION OF RECORD
09/26/1994STATEMENT REGARDING TRANSCRIPT(S)
11/14/1994ORDER: The clerk of Superior Court shall prepare and transmit the record on appeal to this court within 15 days from the date of this order. (By WHN)
12/13/1994RECORD ON APPEAL
04/06/1995SUPPLEMENTAL RECORD Volume 1 of 67 By Rust (9/7-8/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 2 of 67 By Rust (9/9/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 3 of 67 By Burns-Marshall & Ellis-Mitchell (9/10/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 4 of 67 By SARGENT-BURNS) (9/13/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 5 of 67 By Sargent-Burns (9/14/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 6 of 67 By Sargent-Burns (9/15/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 7 of 67 By Shaw (9/20/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 8 of 67 By Shaw (9/21-22/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 9 of 67 By Shaw (9/23-24/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 10 of 67 By Ronan (9/27-28/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 11 of 67 By Ronan 9/29-30/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 12 of 67 By Swaringer (10/4/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 13 of 67 By Rust (10/5/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 14 of 67 By Sargent-Burns, Watkins-Griffin, D.Jones, Hawkins, Pilgrim & Kaczorowski (10/6-7/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 15 of 67 By Bankins & Burns-Marshall (10/8/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 16 of 67 By Farmer, Pavlish, Swaringer & Rust (10/12-13/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 17 of 67 By Hawkins, Watkins-Griffin & Burns-Marshall (10/14/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 18 of 67 By: Ransome-Jones, Pavlish, Farmer & D.Jones (10/18-19/93 proc.
04/06/1995SUPPLEMENTAL RECORD Volume 19 of 67 By: Bankins, Lewis, Hawkins & Calhoun (10/20 & 25/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 20 of 67 By: D.Jones, Bankins & Swaringer (10/26/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 21 of 67 By: Rust & Hertzfeld (10/27/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 22 of 67 By: Swaringer, D.Jones, Kaczorowski & Janifer (10/28-29/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 23 of 67 By: Watkins-Griffin & Sargent-Burns (11/1/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 24 of 67 By: Pavlish, D.Jones & Bankins (11/2/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 25 of 67 By: Pilgrim, Farmer & Rust (11/3-4/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 26 of 67 By: Swaringer (11/5/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 27 of 67 By: Watkins-Griffin, Kaczorowski, Allison, Hertzfeld & Sargent-Burns (11/8-10/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 28 of 67 By: Ellis-Mitchell, Pavlish & D.Jones (11/15/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 29 of 67 By: Rust, Hawkins, Pavlish & Calhoun (11/16-17/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 30 of 67 By: Farmer & Watkins-Griffin (11/18/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 31 of 67 By: Swaringer & Ellis-Mitchell (11/19/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 32 of 67 By: Rust Allison, Kaczorowski (11/22/93 & 11/29-30/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 33 of 67 By: Swaringer, Calhoun, Sargent-Burns & Hawkins (12/2-3/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 34 of 67 By: Rust & Hawkins (12/6/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 35 of 67 By: Farmer, Swaringer & Watkins-Griffin (12/7-8/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 36 of 67 By: Pavlish, Hertzfeld & Sargent-Burns (12/9/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 37 of 67 By: Calhoun, Swaringer & Sargent-Burns (12/13-14/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 38 of 67 By: Rust & Hertzfeld (12/15/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 39 of 67 By: Farmer, Sargent-Burns & Hawkins (12/20-21/93 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 40 of 67 By: Farmer, Swaringer & Hilton (1/4-5/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 41 of 67 By: Calhoun, Hertzfeld & Kaczorowski (1/6/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 42 of 67 By: Farmer & Sargent-Burns (1/10/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 43 of 67 By: Rust, Allison & Swaringer (1/11/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 44 of 67 By: Farmer & Swaringer (1/12-13/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 45 of 67 By: Rust & Pavlish (1/18/94; 1/24/94 & 1/27/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 46 of 67 By: Shaw & Farmer (1/31/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 47 of 67 By: Sargent-Burns, Hertzfeld & Pavlish (2/1/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 48 of 67 By: Allison, Pavlish & Calhoun (2/2/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 49 of 67 By: Rust, Pavlish & Swaringer (2/3/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 50 of 67 By: Hertzfeld, Sargent-Burns & Swaringer (2/7/94 & 2/9-10/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 51 of 67 By: Allison & Swaringer (2/14-15/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 52 of 67 By: Rust (2/16/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 53 of 67 By: Pavlish, Hertzfeld & Allison (2/17/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 54 of 67 By: D.Jones & Sargent-Burns (2/22/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 55 of 67 By: D.Jones, Burns-Marshall & Sargent-Burns (2/25/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 56 of 67 By: Shaw, Rust, Farmer & Swaringer (3/1-2/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 57 of 67 By: Farmer & Sargent-Burns (3/3/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 58 of 67 By: Rust (3/7-8/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 59 of 67 By: Farmer & Sargent-Burns (3/9-10/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 60 of 67 By: Shaw (3/14-15/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 61 of 67 By: Rust, Swaringer & Shaw (3/16-17/94 & 3/21/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 62 of 67 By: Shaw (3/22-23/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 63 of 67 By: Shaw & Pavlish (3/24/94 & 3/28/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 64 of 67 By: Pavlish (3/29/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 65 of 67 By: Pavlish (3/30-31/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 66 of 67 By: Rust (4/4/94 proc.)
04/06/1995SUPPLEMENTAL RECORD Volume 67 of 67 By: Schoch, Sargent-Burns & Watkins-Griffin (4/11-15/94 & 4/18/94 proc.)
04/12/1995ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 94-CF-754, 94-CF-801 and 94-CF-1147 are consolidated for all purposes herein. (By WHG)
04/12/1995SUPPLEMENTAL RECORD VOL. 68 (Index to Vol. 1-67) (26 page index)
04/13/1995error
05/24/1995ORDER: Sua sponte that appeal no. 94-CO-1004 is dismissed as duplicative of appeal no. 94-CF-754. F/O that the briefs of appellants 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. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By AMW)
06/29/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 11/15/95.
06/29/1995APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL to represent Javier Card on appeal.
07/03/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
07/05/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF -30 days (No oppo) (Jerome Edward, Jr.)
07/10/1995RECEIVED Supplemental to the motion for enlargement of time to file the appellant's brief.
08/02/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in thirty days. (no oppo.)
08/04/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Edwards) to 9/1/95 - no oppo
08/11/1995STATEMENT - of aplt regarding the transcript (supplemental)
08/25/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Titled: Consent motion to stay briefing schedule)
09/13/1995SUPPLEMENTAL RECORD #3 (20 pages--L. E. Kaczorowski) (2/1/93 proc.) for Antoine W. Rice in 94-CF-1147.
09/13/1995SUPPLEMENTAL RECORD #2 (54 pages--D. K. Hawkins) (8/18/93 proc.) for Antoine W. Rice in 94-
09/20/1995SUPPLEMENTAL RECORD - #4 (43 pg/Hawkins) 8/16/93 proc.
09/20/1995SUPPLEMENTAL RECORD - #5 (26 pgs/Salazar) 3/22/93 proc.
09/29/1995SUPPLEMENTAL RECORD #6 (72 pages--S. Tremel) (12/18/95 proc.)
10/03/1995SUPPLEMENTAL RECORD - #7 (34 pgs/Tremel) 2/25/93 proc.
10/12/1995SUPPLEMENTAL RECORD #7 (119 pages--S. Tremel) (8/31/93 proc.0
10/13/1995SUPPLEMENTAL RECORD #8 (15 pages--D. Hawkins) (12/6/93 proc.)
10/24/1995SUPPLEMENTAL RECORD #9 (15 pages--B. Herzfeld) (1/12/93 ptoc.)
10/31/1995ORDER the motion in no. 94-CF0754 to appoint counsel under the Criminal Justice Act is granted and Billy L. Ponds, Esquire, is hereby appointed to represent appellant herein. It is FURTHER ORDERED that appellant's mtoions for enlargment and extension of time in which to file brief are granted. The briefs of appellants are due within 40 days after comp pletion of the record on appeal.
10/31/1995APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Billy L. Ponds, Esq.
11/13/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to request interim payments on a monthly basis in 94-CF-754 for Javier Card.
11/20/1995SUPPLEMENTAL RECORD #12 (299 pages--L. Marshall) (9/10/95 proc.)
11/20/1995SUPPLEMENTAL RECORD #13 (18 pages--L. Marshall) (10/8/93 proc.)
11/20/1995SUPPLEMENTAL RECORD #14 (29 pages--Eva B. Ramos) (8/27/92 proc.)
11/20/1995SUPPLEMENTAL RECORD #15 (3 pages--Donna K. Hawkins(11/10/93 proc.)
11/21/1995SUPPLEMENTAL RECORD #16 (25 pages--Linda Marshall)(4/1/93 proc.)
11/21/1995SUPPLEMENTAL RECORD #17 (10 pages--Linda Marshall)(10/14/93 proc.)
12/06/1995SUPPLEMENTAL RECORD #18 (15 pages--Tape) (10/7/92 proc.)
12/12/1995SUPPLEMENTAL RECORD #19 (30 pages--C. Pilgrim) (4/28/93 proc.)
01/25/1996SUPPLEMENTAL RECORD #20 (29 pgs. - Pilgrim) (11/3/93 proc.)
01/25/1996RECORD COMPLETED
02/15/1996TMC - Aplt's motion to request interim payments on monthly basis
01/21/1997ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION of counsel in no. 94-CF-754 requesting interim payments on a monthly basis. F/O that the briefs of appellants 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: FARDGA)
02/25/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until June 30, 1997 for Javier Card in 94 CF 754 (consent)
03/03/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 6/30/97 (Rice)
03/03/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Jerome Edwards) to 6/30/97 no oppo
03/26/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the briefs of appellants shall be filed on or before June 30, 1997. Failure to comply with this order shall result in counsels' appointments being vacated. No further extension of time will be granted absent a showing of extraordinary circumstances. (BY: AMW)
06/30/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until October 31, 1997 for Javier Card in 94 CF 754
06/30/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 94-CF-1147
07/03/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 94-CF-801, to 10/31/97
07/23/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the briefs of appellants shall be filed on or before October 31, 1997. Failure to comply with this order shall result in counsels' appointments being vacated. No further extension of time will be granted absent a showing of extraordinary circumstances. (BY: AMW)
10/29/1997CHANGE OF ADDRESS RECEIVED
10/31/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/15/98 (of aplt A. Rice) (vvd)
10/31/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days (of aplt. J. Card) (vvd)
11/14/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/31/98 James Edwards
12/12/1997COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
12/29/1997LETTER - from aplt re: appointment of counsel
01/06/1998ORDER: Grant the motions of appellant for an extension of time, and the brief of appellant in appeal no. 94-CF-1147 shall be filed on or before January 15, 1998. 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. (MORE)
01/06/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant in appeal no. 94-CF-801 shall be filed on or before February2, 1998. No further request s for extension of t ime will be granted absent a showing of good cause. Failure to comply with this order may result in counsel's appointment being vacated. (MORE)
01/06/1998ORDER: Grant the motion of counsel for appellant to withdraw in appeal no. 94-CF-754, and the appointment of Billy L. Ponds, Esquire, is hereby vacated, and Jeffrey T. Green, Esquire, is appointed to represent appellant herein. Billy L. Ponds, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. FO that the brief of appellant in appeal no. 94-CF-754 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)
01/06/1998APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Jeffrey T. Green, Esq.
01/13/1998LETTER referring to new counsel the letter received from appellant on Dec. 29, 1997, regarding old counsel. (JAC)
01/15/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Antoine W. Rice) to 2/16/98 no oppo
01/28/1998error
01/30/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Javier Card) to 8/15/98 no oppo
02/17/1998RECEIVED- aplt's brief (Antonie W. Rice)
02/17/1998APLT MO FOR LEAVE TO FILE BRIEF IN EXCESS OF PAGES(Antonine W. Rice) no oppo
02/18/1998APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD Antonio Rice
02/19/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/31/98 (J. Edwards) (vvd)
02/19/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
02/23/1998TMC - Aplt's unopposed motion for leave to file brief in excess of the 50 page limit - Aplt's motion to supplement the record - Aple's responde to motion to supplement record - Aplt's motion to extend time to file brief
03/02/1998APPELLEE'S ANSWER/RESPONSE - to aplt (Rice) moton to supplement the record on appeal
04/07/1998ORD DENY APLT MO FOR LV TO FL BRF IN EXCESS OF PGS in appeal no. 94-CF-1147, *** MORE ***
04/07/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF in appeal no. 94-CF-1147, and the brief of appellant in no. 94-CF-1147 shall be filed within 30 days from the date of this order, and in accordance with D.C. App. R. 28 (g).
04/07/1998ORD GRANT APLT MO FOR LV TO SUPPLEMENT THE RECORD in appeal no. 94-CF-1147, and the Clerk of Superior Court shall prepare and transmit the items specified in appellant's motion to this court as a supplemental record. *** MORE ***
04/07/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF in appeal no. 94-CF-754, and the brief of appellant in no. 94-CF-754 shall be filed no later than August 15, 1998. *** MORE ***
04/07/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF in appeal no. 94-CF-801, and the brief of appellant in appeal no. 94-CF-801 shall be filed no later than May 31, 1998. (by: TEKGPY)
04/27/1998SUPPLEMENTAL RECORD - #21 (transcripts 4/30/92, 7/14/92, 6/9/93 & police statement of co-def Edwards)
05/06/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to reissue 4/7/98 ord that was not served upon counsel
05/13/1998ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION and a copy of this court's order of April 7, 1998, is hereby included with this order. It is F/O that appellant Antoine W. Rice shall, within 20 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 food 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: GPJ)
05/29/1998APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF no oppo (Rice)
05/29/1998RECEIVED - aplt's brief (Rice)
06/01/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Edwards) to 7/31/98 no oppo
06/09/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the lodged brief of appellant Antoine W. Rice is filed. It is (More)
06/09/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant Jerome Edwards, Jr., shall be filed on or before July 31, 1998. It is F/O that the brief of appellant Javier Card remains due to be filed with this court on or before August 17, 1998. (BY: GPJ)
06/09/1998APPELLANT'S BRIEF (Antoine W. Rice)
08/04/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no opp to 9/30/98 (Edwards)
08/11/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 94-CF-754
08/18/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellant Jerome Edwards, Jr., shall be filed with this court on or before September 30, 1998. It is (More)
08/18/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellant Javier Card shall be filed with this court on or before September 10, 1998. (BY: GPJ)
08/31/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 94-CF-754, to 9/30/98
09/08/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of Javier Card shallb e filed on or before September 30, 1998. Any furhter requests for extensions of tme will be looked upon with disfavor and granted only upon a showing of good cause. F/O that the brief of Jerome Edwards, Jr., remains due on or before September 30, 1998. (By: GP) sw
09/30/1998APPELLANT'S BRIEF (Card)
10/07/1998ORDERED that counsel for appellant Jerome Edwards, Jr., 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. It is F/O that the brief of appellee remains due to be filed with this court on or before November 4, 1998. (BY: GPJ)
10/08/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Edward) to 10/31/98
10/09/1998SUPPLEMENTAL RECORD #22 (11 pgs. -- Janifer) (5/27/94 proc.)
11/10/1998ORDERED, sua sponte, that this court's order of October 7. 1998, is hereby vacated to the extent that it directed appellee to file the bried. It is (More)
11/10/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant Jerome Edwards, Jr., shall be filed on or before November 13, 1998. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. It is F/O that the consolidated brief of appellee shall be filed within 30 days from the date of the last brief of appellant has been filed. (BY: AMW)
12/02/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Edward) to 1/31/99 no oopo
12/08/1998APPELLANT'S OPPOSITION- (Rice) to aplt Edwards motion for extension of time to file brief
12/08/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (Rice) to sever his appeal form Jerome Edwards' appeal
12/09/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (Rice) to correct Rice's motion to sever his apppeal from Edwards's appeal no oppo
12/11/1998TMC - Aplt's motion in no. 94-CF-1147 to sever appeal - Aplt's motion in no. 94-CF-1147 to correct his motion to sever appeal - Aplt's motion in no. 94-CF-801 to extend time to file brief - Aplt in no. 94-CF-1147 opposition to motion to extend time to file brief - Aplt's motion in 94-CF-754 to sever appeals - Aple's response to motion to sever appeals
12/15/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (Card) to sever his appeal from Jerome Edwards appeal
12/21/1998APPELLEE'S ANSWER/RESPONSE -consolidated to aplt's motion to sever their appeals from aplt Edwards' appeal
01/13/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant Edward in appeal no. 94-CF-801 shall be filed on or before January 31, 1999. No further extensions of time will be granted absent a showing of extraordinary circumstances. *** MORE ***
01/13/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION in appeal no. 94-CF-1147 to correct his motion to sever. *** MORE ***
01/13/1999ORDERED that the motion of appellant in appeal no. 94-CF-1147 to sever from appeal no. 94-CF-801 is held in abeyance pending the filing of appellant Edwards' brief in appeal no 94-CF-801. F/O that the motion of appellant in appeal no. 94-CF-754 to sever from appeal no. 94-CF-801 is held in abeyance pending the filing of appellant Edwards' brief in appeal no. 94-CF-801. (by: SCRDKN)
02/01/1999APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 2/5/99
02/10/1999STATEMENT/status report of appellant Edwards' brief. (vvd)
02/12/1999APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
02/12/1999RECEIVED - aplt's brief in 94-CF-801
02/25/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF in appeal no. 94-CF-801. *** MORE ***
02/25/1999ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTIONS in appeal nos. 94-CF-754 and 94-CF-1147 to sever from appeal no. 94-CF-801. F/O the consolidated brief of appellee shall be filed on or before March 22, 1999. (by: SCRDKN)
02/25/1999ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF and the Clerk shall file the lodged brief in appeal in no. 94-CF-801. *** MORE ***
02/25/1999APPELLANT'S BRIEF (94-CF-801)
03/19/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/4/99
03/30/1999ORDER: Grant the motion of appellee for an extension of time, and the brief of appellee shall be filed on or before May 4, 1999. (BY: JAC)
05/04/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 5/25
05/12/1999ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellee shall be filed on or before May 25, 1999. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
05/25/1999APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES no oppo
05/25/1999RECEIVED - aple's brief
05/27/1999TMC - Aple's motion for leave to file brief in excess of 50 page limit - Aple's brief (lodged)
06/03/1999ORD 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 appeals shall be placed on the calendar for consideration by a merits division as the calendar permits. (by: RZRDGA)
06/03/1999APPELLEE'S BRIEF
06/03/1999BRIEFS COMPLETED
06/15/1999APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 8/13/99 (Card)
06/18/1999FINAL SCREENING - REGULAR CALENDAR
06/22/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
06/30/1999ORDERED thatthe motion is granted, and the reply brief of appellant Javier Card shall be filed on or before August 13, 1999. (BY: GP)
07/13/1999LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (USAO's)
08/13/1999APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF in 94-CF-754
09/07/1999ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF and the reply brief of appellant Javier Card shall be filed on or before September 30, 1999. (BY: GPJ)
09/30/1999APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF no oppo to 11/12/99 (Card)
10/27/1999ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF and the reply brief of Javier Card shall be filed on or before Nov. 12,1 999. No further requests for extensions of time will be granted absent a showing of good cause. (by: AMW) sw
11/12/1999APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo (Card)
11/12/1999RECEIVED - aplt's reply brief (Card)
11/12/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING *** BAD DATES FOR JAN 00 ****
11/15/1999TMC - Aplt's unopposed motion for leave to file over-sized reply brief - Aplt's reply brief (lodged)
11/18/1999ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF
11/18/1999ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the Clerk shall file the lodged reply brief in 94-CF-754)
11/18/1999APPELLANT'S REPLY BRIEF in 94-CF-754
11/22/1999LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
11/29/1999LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/22/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file an over-length reply brief & unopposed mot to late file reply brief.
12/22/1999RECEIVED - aplt's reply brief (Rice)
12/28/1999ORDERED on behalf of the merits division assigned to consider this matter that the motions are granted, and the lodged reply brief is filed. (By: GP)
12/28/1999APPELLANT'S REPLY BRIEF. (RICE) (Over-length)
01/07/2000CERTIFICATE PER RULE 28
01/26/2001CERTIFICATE PER RULE 28 (Rice)
06/28/2001AFFIRMED IN PART/REMANDED IN PART
07/11/2001APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB 90 days (Rice) no oppo
07/12/2001APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 60 days. no oppo
07/12/2001APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB (Edwards)to 10/20/01. no oppo
07/24/2001ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB and the petition of appellant in no. 94-CF-754 shall be filed on or before September 14, 2001, and the petitions of appellants in nos. 94-CF-801 and 94-CF-1147 shall be filed on or before October 10, 2001. (WA)
08/24/2001CHANGE OF ADDRESS RECEIVED Jeffrey T. Green Sidley Austin Brown & Wood 1501 K. Street, N.W. Washington, DC 20005
09/07/2001APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB no oppo (of appellant in no. 94-CF-754) 30 days
09/13/2001ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before October 15, 2001. (WA) (of appellant in no. 94-CF-754)
10/10/2001APLT'S PETITION FOR REHEARING/REHEARING EN BANC (Edwards)
10/10/2001APLT'S PETITION FOR REHEARING/REHEARING EN BANC w/ appendix (Rice)
10/15/2001APLT'S PETITION FOR REHEARING/REHEARING EN BANC (Card)
10/24/2001ORDER that appellee, within 14 days from the date of this order, shall file responses to the petitions filed by appellants (Card, Edwards, and Rice) 10 copies. (WA)
11/06/2001APPELLEE MOTION TO EXTEND TIME TO FILE OPPOSITION to aplt's pet for reh/reh en banc to 12/20/01. no oppo
11/13/2001ORD GRT APLE MO TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc on or before December 20, 2001. (WA)
12/20/2001APPELLEE'S MOTION FOR LEAVE TO FILE AN OPPOSITION to aplt's pet for reh/reh en banc. no oppo
12/20/2001RECEIVED - aple's consol oppo to aplt's individualpet for reh/reh en banc.
01/02/2002ORD GRANT APLE MOTION FOR LEAVE TO FILE OPPOSITION and the Clerk is directed to file the lodged opposition to appellants' petitions for reh/reh en banc.
01/02/2002APPELLEE'S OPPOSITION to appellants' petitions for reh/reh en banc
01/09/2002APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY brief in support of pet for reh/reh en banc for Card. no oppo
01/09/2002RECEIVED - reply in support of pet for reh/reh en banc.
01/14/2002CERTIFICATE PER RULE 28 (Rice)
02/05/2002CERTIFICATE PER RULE 28 (Rice)
04/29/2002APPELLANT'S REPLY brief of (Card) in support of petition
04/29/2002ORDER GRANTING APLT PETITION FOR REHEARING EN BANC and grant the motion of aplt (Card) to file the lodged reply brief in support of petition and the Clerk is directed to file the lodged reply brief. Further Ordered by the merits division that the petitions for rehearing are denied. Further Ordered that rehearing en banc is limited to the issues under Batson v. Kentucky, including whether those issues arising were preserved in the triat court and the applicable standard of appellate review. Although the court does not limit the arguments the parties may present on these issues, the parties shall, in light of the facts and circumstances of the case, address the application of Batson to allegations of both race-based and religion-based exercies of the right of peremptory challenge. It is Further Ordered that appellants are encouraged to agree upon and file a single brief addressing these issues. The brief or briefs of appellants shall be filed on or before May 31, 2002; the respon- sive brief of aple shall be filed no later than July 1, 2002. Aplts may reply on or before July 22, 2002. Each party shall file 10 copies of its briefs. It is Further Ordered that the Clerk shall schedule these matters for argument before the court sitting en banc as soon as the calendar permits. (EB) (Judge Ruiz would grant the petitions for rehearing.)
05/01/2002LETTER to counsel forwarding an amended copy of this court's order filed April 29, 2002, granting petitions for rehearing en banc. (GP)
05/06/2002APPEARANCE - of Amanda L. Tyler w/ Sidley Austin Brown & Wood LLP on behalf of aplt ( Javier Card)
05/06/2002APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION to modify briefing schd. (joint)
05/21/2002ORDER On consideration of the joint and unopposed motion to modify briefing schedule, it is Ordered that the motion is granted and the brief(s) of aplts shall be filed on or before June 14, 2002, the responsive brief of aple shall be filed on or before July 26, 2002, and the reply brief(s) of aplts shall be filed on or before September 6, 2002. (EB)
06/14/2002APPELLANT'S BRIEF for en banc (Rice & Edwards)
06/14/2002NOTICE RECEIVED - from amicus curiae with consent of all parties American Civil Liberties Union of the National Capital Area
06/14/2002AMICUS CURIAE'S BRIEF
06/14/2002APPELLANT'S BRIEF (Card) for en banc w/appendix
07/25/2002APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/9/02. no oppo
07/29/2002ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF before the en banc court on or before August 9, 2002. (TE)
08/08/2002LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/09/2002LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/09/2002APPELLEE'S BRIEF En banc U.S.
08/26/2002APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF (Card) to 9/20/02. no oppo
08/28/2002ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF (Card) to September 20, 2002. (WA)
09/06/2002CALENDAR NOTICE SENT
09/06/2002APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 3 wks. (Rice & Edwards) no oppo
09/11/2002ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF on or before September 27, 2002. (WA) (of Rice and Edwards)
09/19/2002APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF (Card) to 1 wk. no oppo
09/24/2002ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF to the en banc court on or before Sept. 27, 2002. (WA) (for Card)
09/27/2002APPELLANT'S REPLY BRIEF (Javier)
09/27/2002APPELLANT'S REPLY BRIEF (Rice & Edwards)
10/28/2002LETTER -aplt's have agreed to the allocation of time and subject matter at oral agrument.
10/30/2002FiledACTION - Argued / Submitted
10/30/2002ARGUED before the en banc court WA TE ST SC FA RZ RD GL WS Amanda L. Tyler, Esq., for aplt Card Mindy A. Daniels, Esq., for aplt Edwards Sandra K. Levick, Esq., for aplt Rice Barbara J. Valliere, Esq., for aple
01/14/2003COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
02/24/2003On consideration of the motion of Mindy A. Daniels, Esquire, to withdraw as counsel for appellant Jerome Edwards, Jr., in no. 94-CF-801, and there appearing to be no opposiiton thereto, it is ORDERED that the motion to withdraw is granted, and the appointment of Mindy A. Daniels, Esquire, is hereby vacated, and Ken H. Rosenau, Esquire, is appointed to represent appellant herein. Mindy A. Daniels, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (WA,TE,ST,SC,FA,RZ,RD,GL,WH)
10/23/2003CERTIFICATE PER RULE 28
02/24/2004CERTIFICATE PER RULE 28 (Card)
03/03/2004error
03/17/2004error
03/25/2004APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth H. Rosenau, Esquire
09/28/2004error
12/20/2004APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL (Joint motion of aplts and aple to dismiss, vacate panel opinion, and for immediate remand).
12/22/2004ORDER On consideration of the joint motion of the parties to dismiss appeals, vacate panel opinion, and for immediate remand of the cases for entry of stipulated dispositions, it is ORDERED that the motion is granted and these appeals are hereby dismissed and the matters remanded to the Superior Court for proceedings consistent with the motion. It is FURTHER ORDERED that the panel opinion published at 776 A.2d 581 (D.C. 2001) is hereby vacated. It is FURTHER ORDERED that the Clerk is directed to issue the mandate forthwith. (WATESCFARZRDGLWHST) (Judge Steadman was an Associate Judge of this court at time of argument. His status changed to Senior Judge on October 18, 2004.)
12/22/2004FiledDISMISSED (see order dated December 22, 2004.)
12/22/2004MANDATE ISSUED