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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: PROSECUTION OF WALEAD OTHMAN

Case Information: 10-SP-0902
Short Caption:IN RE: PROSECUTION OF WALEAD OTHMANClassification:Appeals - Special Proceedings - Certified Question Of Law
Superior Court or Agency Case Number:CMD11014-10Filed Date:07/22/2010

Opening Event Date:07/22/2010Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:12/13/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaePublic Defender ServiceN
James W. KleinNY
AppellantWalead Othman Y
Michael Alan Olshonsky NN
AppelleeDistrict of ColumbiaN
Todd S. KimNY
Janice Y. SheppardNY
Anne Y. ParkNN
AppelleeUnited StatesN
Elizabeth TrosmanNY

Events
Event DateStatusDescriptionResult
07/22/2010CERTIFICATION OF QUESTION OF LAW (D.C. Superior Court)
07/23/2010TMC - ORDER & CERTIFICATION OF LAW
07/26/2010RECORD INDEX
07/26/2010RECORD COPIES
08/11/2010 ORDERED that this APPEAL IS HEREBY EXPEDITED. It is FURTHER ORDERED that the Clerk of the Superior Court shall prepare and transmit all necessary transcript forthwith. It is *****MORE*****
08/11/2010 FURTHER ORDERED that MICHAEL OLSHONSKY, ESQUIRE IS HEREBY APPOINTED to represent WALEAD OTHMAN in this MATTER. It is *****MORE*****
08/11/2010 FURTHER ORDERED that the UNITED STATES ATTORNEY and the ATTORNEY GENERAL for the DISTRICT OF COLUMBIA shall NO LATER THAN SEPTEMBER 10, 2010 FILE MOTIONS FOR SUMMARY DISPOSITION of this CERTIFIED QUESTION as to whether prosecution in this case should be conducted by the US ATTORNEY OR the ATTORNEY GENERAL for the DISTRICT OF COLUMBIA...each party shall HAND-SERVE all other parties. (FITHNW) (rm)
09/10/2010APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for extension of time within which to file its motion for summary disposition no oppo 45 days
09/10/2010APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for extension of time to file motion for summary disposition 10/25/10 no oppo (D.C.)
09/24/2010ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTIONS and the motions for summary disposition shall be filed on or before October 25, 2010. (By: ETW)
10/20/2010APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE (D.C.)
10/21/2010TMC - motion for summary affirmance (D.C.) - motion for summary affirmance (U.S.) - order & CERTIFICATION OF LAW
10/25/2010APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for summary disposition
12/09/2010 ORDERED that, notwithstanding the attempt of the Council for the District of Columbia to delegate authority to the District of Columbia to prosecute offenses under the Fleeing Law Enforcement Prohibition Act of 2004, see D.C. Code  50-2201.05(b)(I) and (e) (2001), said delegation is improper under the D.C. Home Rule Act, see D.C. Code  1-206.02(a)(8), and therefore the proper prosecuting authority is the United States Attorney. See In re Crawley, 978 A.2d 608 (D.C. 2009). It is FURTHER ORDERED that THIS MATTER IS HEREBY REMANDED to the trial court for further proceedings consistent with this order. It is FURTHER ORDERED that the CLERK SHALL ISSUE THE MANDATE FORTHWITH. (KROBFA) (rm)
12/09/2010REMANDED
12/13/2010MANDATE ISSUED
07/18/2011FiledMotion for Clarification or in the Alternative for Publication of Order of December 9, 2010 (Amicus Curiae)
07/20/2011FiledOpposition to Amicus Motion for Clarification (Appellee District of Columbia)
08/23/2011FiledTMC-PDS MOTION FOR CLARIFICATION-OPPOSITION
08/25/2011FiledOrder Denying MOTION FOR PUBLICATION and GRANTING MOTION FOR CLARIFICATION -amended 8/26/11
04/17/2014FiledArchived