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United States Court Cases

District Of Columbia Court Of Appeals Record

FRANCISCO KIPETTE V. UNITED STATES

Case Information: 03-CF-1350
Short Caption:FRANCISCO KIPETTE V. UNITED STATESClassification:Appeals - Criminal Felony - Carjacking
Lead: 03-CF-1193 Consolidated:03-CF-1350
Superior Court or Agency Case Number:FEL6044-02Filed Date:10/23/2003

Opening Event Date:10/23/2003Case Status:Closed
Record Completed:09/01/2004Post-Decision Matter Pending:
Briefs Completed:11/03/2005
Argued/Submitted:05/03/2006
Disposition:Next Scheduled Action:
Mandate Issued:03/29/2007
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantFrancisco Kipette YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
John P. MannarinoYY

Events
Event DateStatusDescriptionResult
10/23/2003NOTICE OF APPEAL
12/01/2003APPELLANT'S MOTION FOR LEAVE TO FILE DS
12/01/2003RECEIVED - aplt's docketing statement.
12/22/2003APPEARANCE - entry of appearence counsel James E. McCollum, Jr. for aplt 7309 Baltimore Ave Suite 117 College Park, MD 20740 (301) 864-6070
01/13/2004RECORD ON APPEAL
01/21/2004SUPPLEMENTAL RECORD - #1 (107 pgs/Ronan) 7/7/03 proc.
01/23/2004SUPPLEMENTAL RECORD - #2 (27pgs/Tape) 7/1/03 proc.
01/29/2004 Upon consideration of the notices of appeal filed in these matters, and the motion of appellant in appeal no. 03-CF-1350 for leave to file the lodged docketing statement, and no opposition having been filed, it is ORDERED, ss, that appeals nos. 03-CF-1193 & 03-CF-1350 are consolidated for all purposes herein. F/O that the motion of appellant in appeal no. 03-CF-1350 for leave to file the lodged docketing statement is granted, and the lodged docketing statement is filed. (GP)
01/29/2004APPELLANT'S DOCKETING STATEMENT in 03-CF-1350
02/12/2004SUPPLEMENTAL RECORD - #3 (16 pgs/tape) 9/25/03 proc.
03/18/2004COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS in 03-CF-1350.
03/23/2004ORDERED that the motion is granted, and the Clerk shall withdraw the appearance of James E. McCollum, Jr., Esquire, as retained counsel for appellant Francisco Kipette. F/O that appellant Francisco Kipette shall advise this court, within 20 days from the date of this order, as to the identity of new counsel, or if appellant Francisco Kipette intends to proceed on appeal pro se. (AMW)
04/05/2004SUPPLEMENTAL RECORD # 4 (34 pgs--Merchant) 7/14/03 proc.
05/11/2004ORDER: ORDERED that appellant Francisco Kipette shall proceed on appeal pro se.
06/28/2004SUPPLEMENTAL RECORD # 5 (26 pgs--Griffith) 7/3/03 proc.
07/13/2004ORDERED, sua sponte, that James W. Klein, Esquire is hereby appointed to represent appellant Francisco Kipette in this appeal. F/O that counsel for appellant Francisco Kipettee shall immediately take the steps necessary to secure vouchers for the transcription of all proceedings necessary for this appeal. Counsel shall, within 20 days from the date of this order, file a report identifying each proceeding that has been or will be ordered, and the status of each. (AMW)
07/28/2004STATEMENT REGARDING TRANSCRIPT(S) (Kipette) (RT ordered/needed (pii))
08/02/2004SUPPLEMENTAL RECORD - #6 (25pgs/Tape) 7/2/03 proc.
08/04/2004SUPPLEMENTAL RECORD - #7 (226 pgs/Sargent-Burns) 1/7-8/03 proc.
08/11/2004SUPPLEMENTAL RECORD - #8 (12 pgs/Hogue) 9/26/03 proc.
09/01/2004FiledSUPPLEMENTAL RECORD - #9 (388pgs/Graybill) 7/8-9/03 proc.
09/01/2004SUPPLEMENTAL RECORD - #10 (pg.389-pg781/Graybill) 7/10-11/03 proc.
09/01/2004RECORD COMPLETED
10/14/2004 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants' briefs shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP)
11/09/2004APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF pending transcript. (no oppo) (D.Diggs)
11/10/2004SUPPLEMENTAL RECORD - #11 (24 pgs/Swaringer) 10/7/02 proc.
11/23/2004APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Kipette) unopposed
12/13/2004SUPPLEMENTAL RECORD - #12 (24 pgs/tape) 1/7/03 proc.
12/14/2004ORDERED that the motion of appellant Francisco Kipette is granted, and the brief of appellant Francisco Kipette shall be filed on or before February 22, 2005. F/O that the motion of Donnell Diggs is granted, and the brief of appellant Donnell Diggs shall be filed within 30 days from the date of this order. (AMW)
01/13/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. (Diggs) no oppo
01/25/2005 On consideration of appellant Donnell Diggs' unopposed motion for extension of time within which to file the brief, it is ORDERED that the motion is granted and appellant Donnell Diggs' brief shall be filed on or before February 14, 2005. Any further requests for extension of time will be looked upon with disfavor and granted only upon a showing of good cause. It is FURTHER ORDERED that the brief of Francisco Kipette remains due on or before February 22, 2005. (GP)
02/07/2005RECEIVED pro se motion from aplt to produce transcript.
02/08/2005LETTER referring to counsel for appellant the Feb. 7 pro se motion from appellant regarding transcript. (JAC)
02/14/2005APPELLANT'S BRIEF (Diggs)
02/22/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. (Kipette) no oppo
03/03/2005 On consideration of appellant Francisco Kipette's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellant Francisco Kipette shall file the brief on or before May 23, 2005. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
05/23/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 90 days (no oppo) (Kipette)
06/09/2005 On consideration of appellant Francisco Kipette's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellant Francisco Kipette's brief shall be filed on or before August 22, 2005. 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. (AMW)
08/22/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1 week. (Kipette) no oppo
08/29/2005RECEIVED - aplt's brief
09/07/2005APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to adopt and join co-appallant's brief. (Diggs)
09/13/2005 On consideration of appellant Francisco Kepette's unopposed motion for an extension of time within which to file the brief, and the lodged brief, it is ORDERED that the motion is granted and the Clerk shall file the lodged brief of appellant Francisco Kipette. It is (MORE)
09/13/2005ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of Donnell Diggs and the arguments made by co-appellant Francis Kipette, in appeal no. 03-CF-1350 shall be deemed made by appellant Donnell Diggs, in appeal no. 03-CF-1193. F/O that the brief of appellee shall be filed with this court on or before October 3, 2005. (ETW)
09/13/2005APPELLANT'S BRIEF (Francis Kipette)
09/30/2005APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until November 3, 2005 (no oppo)
10/05/2005 On consideration of appellee'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 appellee's brief shall be filed on or before November 3, 2005. (GP)
11/03/2005APPELLEE'S BRIEF
11/03/2005BRIEFS COMPLETED
12/09/2005FINAL SCREENING - REGULAR CALENDAR
12/30/2005LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING 12/30 - Vasco - Mannarino
02/07/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
02/08/2006SUPPLEMENTAL RECORD - #13 (docket entries)
02/17/2006LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING apr-june to Beckwith
03/27/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/29/2006CALENDAR NOTICE SENT
04/21/2006APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (Kipette) no oppo
04/21/2006RECEIVED - aplt's reply brief (Kipette)
04/25/2006On consideration of appellant Francisco Kipette's unopposed motion for leave to file the lodged reply brief, and it appearing that this matter is scheduled on the regular calendar of May 3, 2006, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted and the lodged reply brief is filed. (GP)
04/25/2006APPELLANT'S REPLY BRIEF**Joint see order 5/5/06** (Francisco Kipette)
04/27/2006APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION in 03-CF-1193 to adopt and join co-aplt's reply brief.
05/03/2006FiledACTION - Argued / Submitted
05/03/2006ARGUED before Judges Washington, Reid, Nebeker Corinne Beckwith, Esq. for appellant Kipette John P. Mannarino, Esq. for appellee
05/05/2006On consideration of appellant Donnell Diggs's motion to adopt and join co-appellant's reply brief, it is ORDERED that the motion is granted and the reply brief filed by appellant Kipette is hereby considered as a joint reply brief. (WH,RD,NE)
05/11/2006CJA ATTORNEY'S QUALLS LETTER
08/31/2006AFFIRMED Opinion (Washington, Reid, Nebeker) and Judgment affirming the judgments of the trial court.
09/07/2006CJA ATTORNEY'S QUALLS LETTER
09/14/2006APLT'S PETITION FOR REHEARING/REHEARING EN BANC in 03-CF-1350.
09/25/2006MANDATE ISSUED in 03-CF-1193, Diggs v. US.
09/26/2006ORDER that appellee, within 14 days from the date of this order, shall file a response to pet for reh/reh en banc (10 copies). (WH)
10/06/2006APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto 11/14/06 no oppo
10/12/2006ORD GRT APLE MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before November 14, 2006. (WH)
11/14/2006APPELLEE'S OPPOSITION to pet for reh/reh en banc.
03/20/2007ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHFARZRDGLKRBRTHNE) (Judge Fisher is recused from this case.)
03/27/2007CJA ATTORNEY'S QUALLS LETTER in 03-CF-1350.
03/29/2007MANDATE ISSUED in 03-CF-1350, Kipette v. US
10/17/2019FiledArchived