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United States Court Cases

District Of Columbia Court Of Appeals Record

MICHAEL L. HASTY V. UNITED STATES

Case Information: 87-CM-1230
Short Caption:MICHAEL L. HASTY V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Unlawful Entry
Superior Court or Agency Case Number:M4616-86Filed Date:10/09/1987

Opening Event Date:10/09/1987Case Status:Closed
Record Completed:09/02/1993Post-Decision Matter Pending:
Briefs Completed:03/24/1994
Argued/Submitted:06/14/1994
Disposition:Next Scheduled Action:
Mandate Issued:02/15/1996

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMichael L. Hasty N
Severina B. Rivera YN
AppelleeUnited StatesN
Thomas C. Black YN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
01/01/1901HASTY, MICHAEL L. UNITED STATES
01/01/1902TO 3/9 ORD--RT ORDERED??
01/01/1903NOTE - 01 CODEF: DONALD REMMEY NOTE - 01 NOTE - 02 2/4/88 ORD: GRANT MO OF APLT NOTE - 02 FOR FORMA PAUPERIS & APPT NOTE - 03 NINA KRAUT TO REPRESENT APLT; NOTE - 03 CLK TO FL LODGED RECORD; APLT NOTE - 04 TO FL DSA IN 10 DAYS. NOTE - 04 NOTE - 05 7/12/91 ORD: BRF OF APLT DUE NOTE - 05 BY 09/03/91; BRF OF APLE DUE NOTE - 06 BY 10/8/91; REPLY BRF DUE BY NOTE - 06 10/28/91; SCHED CASE ON NOTE - 07 JANUARY 1992 CALENDAR; NFX. NOTE - 07 NOTE - 08 9/30/91 ORD: GR MO OF CNSL FR NOTE - 08 APLT; APMT OF NINA KRAUT, NOTE - 09 ESQ IS VACATED; ANTHONY WILSON NOTE - 09 ESQ IS HEREBY APPTD TO REPRE- NOTE - 10 SENT APLT HEREIN; ATTY KRAUT NOTE - 10 TO TRANS ALL DOCS PERTAINING NOTE - 11 TO APPEAL TO NEWLY-APPTD CNSL; NOTE - 11 CRT'S ADV BRFNG ORD OF 7/12/91 NOTE - 12 IS HEREBY VACATED; BRF OF APLT NOTE - 12 DUE IN 40. NOTE - 13 3/9/92 ORD: GR MO OF APLE TO NOTE - 13 STRIKE APLT'S BRF; APLT TO NOTE - 14 MAKE NECESSARY ARRANGEMENTS TO NOTE - 14 HAVE THE RT FOR THIS APPEAL NOTE - 15 PREP'D & TRANS TO THIS CRT NOTE - 15 PURSUANT TO D.C. APP R 10 (C).
01/01/1906 KRAUTN VACATED 9/30/91
10/09/1987NOTICE OF APPEAL
12/07/1987RECEIVED RECORD ON APPEAL RJG PANEL SCDATE 120887 SCHPRD R
01/11/1988APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS PB PANEL SCDATE 011888 SCHPRD CHECK
02/04/1988APPOINTING COUNSEL/CO REFERRAL (CJA) NINA KRAUT, ESQ. PANEL SCDATE 000000 SCHPRD
02/04/1988ORDER SEE NOTE FIELDS 02-04. DAS PANELPY SCDATE 020288 SCHPRD GG
02/04/1988RECORD ON APPEAL DAS PANEL SCDATE 000000 SCHPRD
02/16/1988APPELLANT'S DOCKETING STATEMENT JB PANEL SCDATE 021688 SCHPRD DSA
03/17/1989ORDER APLT BR DUE IN 40 DAYS. EBP PANELRBH SCDATE 031788 SCHPRD RT
04/27/1989APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 40 DAYS AFTER COMPLETION OF TRANSCRIPT AD PANEL SCDATE 042689 SCHPRD BA
05/17/1989ORDER EXTENDING TIME FOR FILING APLT BR UNTIL 40 DAYS AFTER TRANSC DOCKETED. FVH PANELDDW SCDATE 000000 SCHPRD
07/12/1991ORDER SEE NOTE FIELDS 05 - 07 GR PANELRBH SCDATE 062191 SCHPRD GR
09/11/1991ORDER CNSL FR APLT TO FL BRF IN 10 OR APMT VACATED. EVH PANELRO SCDATE 090691 SCHPRD V
09/17/1991APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF TO 40 DAYS AJ PANEL SCDATE 092391 SCHPRD BA
09/20/1991COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS OF APLT PMB PANEL SCDATE 000000 SCHPRD
09/30/1991APPOINTING COUNSEL/CO REFERRAL (CJA) ANTHONY WILSON, ESQ. PANEL SCDATE 000000 SCHPRD
09/30/1991ORDER SEE NOTE FIELDS 08-12. EVH PANELRO SCDATE 092391 SCHPRD V
11/12/1991RECEIVED APLT BRIEF PMB PANEL SCDATE 000000 SCHPRD
11/18/1991RECEIVED BRIEF IN SUPPORT OF APPEAL CONVICTION FROM APLT'S NEW CNSL (NEEDS CERT. OF SERV) RJG PANEL SCDATE 000000 SCHPRD
11/29/1991APPELLEE'S MOTION TO STRIKE APPELLANT'S BRIEF & TO REQUIRE PREPARATION OF TRAN- SCRIPT RJG PANEL SCDATE 000000 SCHPRD
03/09/1992ORDER SEE NOTE FIELDS 13-15. EVH PANELRO SCDATE 011492 SCHPRD TT
04/16/1992ORDER that counsel for appellant shall file a statement with this court within 20 days from the date of this order as to the status of the pending transcript, including the name of the court reporter, the date the transcript was ordered, and the estimated date of completion. Failure to do so may result in his appointment being vacated and his name being removed from the panel of attorneys authorized to receive appointments under the Criminal Justice Act. (RO)
04/30/1992STATEMENT of aplt re status of transcripts
09/01/1992RECEIVED copy of aplt's counsel's motion for leave to withdraw made applicable to the Criminal Division of Superior Court.
09/16/1992ORDER Counsel for appellant to advise this court in 20 days as to the status of the trasncript of 7/15/87. (By WHN)
09/28/1992SUPPLEMENTAL RECORD #1 (18 pgs. -- Janifer) (7/15/87 proceedings).
09/30/1992APPELLANT'S ANSWER/RESPONSE TO ORDER OF THE COURT.
10/16/1992ORDER: 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. Any requests for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
12/28/1992COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS due to conflict of interest and renewed answer. Granted
01/15/1993ORDER: Grant the motion of counsel for appellant to withdraw and the appointment of Anthony Wilson,Esquire, is vacated, and Severina Rivera, Esquire, is appointed to represent appellant herein. Anthony Wilson, Esquire, shall transmit all documents pertaining to this appealto newly-appointed counsel forthwith. F/O that the brief of appellant shall be filed within 40 days from the date of this order. (BY JWR)
01/15/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Severina Rivera, Esq.
02/23/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until receipt of the completed record.
03/04/1993RECEIVED - signature pg to MAXB
04/05/1993ORD DENY APLT MOTION TO EXTEND TIME TO FILE BRIEF in part as to the request for stay. F/O that the motion for expedited preparation of the transcripts is denied without prejudice to its renewal in the trial court. F/O that counsel for appellant shal advise this court, within 20 days from the date of this order, as to the status of any pending transcript. (BY JWR)
06/17/1993SUPPLEMENTAL RECORD #2 (98 pgs. - Calhoun) (7/9 - 7/10/87 proc.)
06/28/1993SUPPLEMENTAL RECORD #3 (6 pgs. -- Deposition Services) (9/11/87 proceedings)
07/01/1993SUPPLEMENTAL RECORD #4 (6-pgs/mollichelli/5/20/87 proc.)
09/02/1993RECORD COMPLETED
09/02/1993SUPPLEMENTAL RECORD #4 (302 pages--Janifer) (7/13,14/93 proceedings)
12/06/1993ORDER: 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. Any requests for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
01/06/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 2/17/94.
02/01/1994ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant shall be filed on or before February 17, 1994_. Any further request for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
02/17/1994APPELLANT'S BRIEF
03/24/1994APPELLEE'S BRIEF
03/24/1994BRIEFS COMPLETED
03/24/1994APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
04/04/1994APPELLANT'S REPLY BRIEF
04/04/1994FINAL SCREENING - SUMMARY CALENDAR I
04/11/1994ORD GRANT APLE MO FOR LV TO SUPPLEMENT THE RECORD and the Clerk of the Superior Court shall prepare and transmit government exhibit #8 to this court as a supplemental record forthwith. (By FE)
04/15/1994SUPPLEMENTAL RECORD #6 (Government's Exhibit--#8 Video Tape).
05/11/1994LETTER from appellant requesting oral argument.
06/14/1994FiledACTION - Argued / Submitted
06/14/1994ARGUED (SC,WG,GA) Severina B. Rivera, Esquire, for appellant. Thomas J. Tourish, Esquire, for appellee.
06/16/1994ORDER by the court, sua sponte, that within 20 days of the entry of this order, counsel shall file simultaneous supplemental memoranda on the appropriate roles of the judge and the jury in determining whether the defendant's conduct was more disruptive or more substantial (in degree or number) than that normally engaged in by tourists and others routinely permitted on the (Rotunda). U.S. v. Nicholson, 97 Daily Wash. L. Rptr. 1213 (Super. Ct. D.C. 1969), aff'd 263 A.2d 56 (D.C. 1970). Counsel should also address any constitutional implications of the question under discussion. Counsel shall have 10 days to respond to each other's supplemental memoranda. (WASCGA)
06/23/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to extend time to file supplemental memorandom up to and including July 18, 1994. (No oppo).
07/06/1994ORDER - Grant appellee's motion for an extension of time within which both parties may file supplemental meoranda, and there being no opposition thereto, both parites shall file on or before July 18, 1994, supplemental memoranda. The parties may also file a responsive supplemental meoranda within ten days after filing of supplemental memoranda. WASCGA
07/18/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for additional extension of time within which to file supplemental memorandum.
07/27/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for additional extension of time within which to file supplemental memorandum August 29, 1994.
08/10/1994ORD GRT APLE MO FOR LV TO FL SUPPLEMENTAL MEMO filed on July 27, 1994. WASCGA
08/10/1994ORD DNY AS MOOT APLE MOT FOR LV TO FILE SUPPLEMENT MEMORANDUM filed on July 18, 1994. WASCGA
08/26/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for extension of time within which to file responsive supplemental memorandum
08/26/1994APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM -- filed
08/29/1994APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to and including September 2, 1994 (NO OPPO).
09/01/1994ORD GRT APLT MO FOR LV TO FL RESPONSIVE SUPPLEMEN TAL MEMORANDUM, AND THERE BEING NO OPPOSITION THERETO WASCGA
09/01/1994ORD GRT APLE MO FOR LV TO FL SUPPLEMENTAL BRF/MEMOWASCGA
09/02/1994APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
09/06/1994APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for leave to file corrected copy of supplemental memorandum and certificate of service.
09/06/1994RECEIVED Corrected Copy Supplemental Memorandum
09/06/1994error
09/16/1994APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF
09/16/1994ORD GRT APLE MO FOR LV TO FL SUPPLEMENTAL MEMO WASCGA
09/16/1994APPELLEE'S SUPPLEMENTAL BRIEF is filed.
09/29/1994APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
10/03/1994ORD GRANT APLT MO TO EXT TIME TO FILE SUPPL BRIEF (WASCGA) (Supplemental brief already filed on 9/29/94.)
10/07/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file corrected copy of responsive supplemental memorandum.
10/07/1994RECEIVED Response Supplemental Memorandum of appeallant.
10/18/1994ORD GRT APLT MO FOR LV TO FL CORRECTED SUPPLEMENTAL MEMORANDUM WASCGA
10/18/1994APPELLANT'S CORRECTED SUPPLEMENTAL MEMORANDUM is filed
12/18/1995REVERSED AND REMANDED Opinion
12/29/1995APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to and including January 31, 1996.
01/19/1996ORD GRT APLE MO TO EXT TM TO FL PET FOR REH/REH EB on or before January 31, 1996. (WA)
02/15/1996MANDATE ISSUED