JOSEPH D. WINGATE V. UNITED STATES - District Of Columbia Court Of Appeals Record

Case Information: 91-CF-0123
Short Caption:	JOSEPH D. WINGATE V. UNITED STATES	Classification:	Appeals - Criminal Felony - Assault Related
Lead:	91-CF-0123	Consolidated:	94-CO-0241
Superior Court or Agency Case Number:	F12917-89	Filed Date:	02/13/1991

Opening Event Date:	02/13/1991	Case Status:	Closed
Record Completed:	04/25/1994	Post-Decision Matter Pending:
Briefs Completed:	02/01/1995
Argued/Submitted:	04/11/1995
Disposition:		Next Scheduled Action:
Mandate Issued:	01/23/1996

Party Information

Appellate Role

Party Name

IFP

Attorney(s)

Arguing Attorney

E-Filer

Appellant

Joseph D. Wingate

W. Gary Kohlman

Appellee

United States

John R. Fisher	N	N
Larry J. Gusman	N	N
Mary D. Rodriguez	Y	N

Events
Event Date	Status	Description	Result
01/01/1901		WINGATE, JOSEPH D. UNITED STATES
01/01/1902		SCRND/REG RE: MLWDB FILED 3/11/92
01/01/1903		NOTE - 01 04/19/91 ORD: GRANTG APLT'S MO NOTE - 01 FOR LV TO FL DSA & DR & LODGED NOTE - 02 DSA & DR ARE FL; COUNS FOR NOTE - 02 APLT TO FL A STMNT W/THIS CRT NOTE - 03 W/IN 30 DAYS AS TO STATUS OF NOTE - 03 TRANSCRIPT THAT WAS ORDER FOR NOTE - 04 PURPOSE OF THIS APPEAL. NOTE - 04
02/13/1991		NOTICE OF APPEAL
03/13/1991		APPELLANT'S MOTION FOR LEAVE TO FILE DS RJG PANEL SCDATE 000000 SCHPRD
03/13/1991		$50.00 DOCKETING FEE RJG PANEL SCDATE 000000 SCHPRD
03/13/1991		RECEIVED DESIGNATION OF RECORD AND STATEMENT REGARDING TRANSCRIPT RJG PANEL SCDATE 000000 SCHPRD
03/13/1991		RECEIVED APPELLANTS DOCKETING STATE- MENT RJG PANEL SCDATE 022591 SCHPRD DSA
04/02/1991		RECORD ON APPEAL PMB PANEL SCDATE 000000 SCHPRD
04/19/1991		DESIGNATION OF RECORD GW PANEL SCDATE 000000 SCHPRD
04/19/1991		APPELLANT'S DOCKETING STATEMENT GW PANEL SCDATE 000000 SCHPRD
04/19/1991		ORDER SEE NOTE FIELDS 1 THRU 4. GW PANELRBH SCDATE 033091 SCHPRD RT
04/19/1991		STATEMENT REGARDING TRANSCRIPT(S) GW PANEL SCDATE 000000 SCHPRD
05/13/1991		MISCELLANEOUS PROCEDURAL MOTION OF CRT RPTR JANIFER FOR EXT. OF TIME TO FILE 12/17/90 - 12/19/90 PROC. TO 6/30/91 PR PANEL SCDATE 000000 SCHPRD
05/15/1991		SUPPLEMENTAL RECORD #1 (370-PGS/WALTERS) AJ PANEL SCDATE 000000 SCHPRD
06/17/1991		ORDER APLT TO FL STATE W/IN 10 DAYS AS TO STATUS OF RT ORDERED FOR THE APPEAL OR DISMISS. AD PANELRBH SCDATE 061291 SCHPRD K
06/24/1991		STATEMENT OF APPELLANT REGARDING TRANSCRIPT RJG PANEL SCDATE 062791 SCHPRD STATE
07/15/1991		SUPPLEMENTAL RECORD #1 (186 PGS/LEWIS) PMB PANEL SCDATE 062991 SCHPRD RT
09/27/1991		ORDER BRF OF APLT DUE IN 40 BRF OF APLE DUE 30 DAYS THEREAFTER.AD PANELRBH SCDATE 091291 SCHPRD U
10/30/1991		SUPPLEMENTAL RECORD #1 (ORD. J. W. KING, DTD. 7/16/91) PMB PANEL SCDATE 000000 SCHPRD
11/06/1991		APPELLANT'S BRIEF W/APPENDIX AJ PANEL SCDATE 120691 SCHPRD BA
11/12/1991		SUPPLEMENTAL RECORD #2 (117 PGS/ALLISON) PROC. 12/6/90 PMB PANEL SCDATE 000000 SCHPRD
11/19/1991		SUPPLEMENTAL RECORD #3 (424-PGS/JANIFER 12/17/19 90) AJ PANEL SCDATE 000000 SCHPRD
11/19/1991		RECORD COMPLETED
12/10/1991		APPELEE'S BRIEF PMB PANEL SCDATE 121191 SCHPRD BE (Replaced with brief filed on 2/1/95 - VVD)
12/10/1991		RECEIVED MLBE (NOT NECESSARY, BE FILED TIMELY) PANEL SCDATE 000000 SCHPRD
12/16/1991		RECEIVED PRO SE MOTION TO STAY PMB PANEL SCDATE 000000 SCHPRD
12/27/1991		LETTER TO APLT RE REJECTION OF 12/16/ 91 MO. COPY SENT OT APLT ATTR. AC PANEL SCDATE 000000 SCHPRD
01/31/1992		COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS PRO SE (APLT) PMB PANEL SCDATE 000000 SCHPRD
02/18/1992		MEMORANDUM RE: TO PREVIOUS MEMO OF 11/21/91 CONCERNING THE CASE. PR PANEL SCDATE 000000 SCHPRD
02/25/1992		LETTER REFERRING CORRESPONDENCE RECVD FROM APLT TO COUNSEL SL PANELJAC SCDATE 020492 SCHPRD TO
03/11/1992		COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS APPELLANT'S RJG PANEL SCDATE 030692 SCHPRD ANSA	Granted
03/11/1992		MOTION(S) FEE PAID FOR MLWDB RJG PANEL SCDATE 000000 SCHPRD
03/20/1992		Grant the motion of counsel for appellant to withdraw and the appearance of Robert Mance III, Es quire is withdrawn and Leonard J. Bonner, Esquire, is appointed to represent appellant herein. Appellant shall file the brief within 40 days from the date of this order. (By RO)
03/20/1992		APPOINTING COUNSEL/CO REFERRAL (CJA) Leonard J. Bonner, Esq.
04/21/1992		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
05/15/1992		APPELLANT'S MOTION FOR STAY proceedings in this appeal pending 23-110
06/03/1992		ORDER The motion of appellant for stay is granted and this appeal is stayed pending further order of this court. Appellant shall, within 60 days, file a statement as to the status of the pending motion for new trail filed in the trial court.
06/03/1992		CASE STAYED
07/29/1992		STATEMENT of aplt report status of motion for new trial
09/03/1992		ORDER Counsel for appellant shall advise this court in 30 as to status of the pending motion for new trial filed in the trial court.
09/29/1992		STATEMENT pursuant to September 3, 1992 order
11/02/1992		ORDER Appellant shall advise this court in 30 as to the status of the pending motin for new trial filed in the trial court. (WHN)
12/02/1992		MEMORANDUM of aplt re status of 23-110 motion
01/11/1993		ORDER Counsel for appellant shall advise this court within 30 days as to the status of the pending motion for new trial filed in the trial court. (WHN)
03/01/1993		STATEMENT from aplt's counsel re Mr. Gary Kohlman intent to enter appearance as counsel in this appeal
04/12/1993		ORDER - Counsel of record for appellant shall advise this court within 30 days from the date of this order as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110.(By WHN)
04/21/1993		RECEIVED - courtesy copy of ltr sent to Mr. Kohlman from Atty Bonner re entry of appearence
04/29/1993		APPEARANCE of W. Gary Kohlman as counsel for aplt, retained.
05/18/1993		STATEMENT of aplt re 23-110 motion
06/02/1993		ORDER - The appointment of Leonard J. Bonner, Esquire is hereby vacated and the appearance of W. Gary Kohlman, Esquire, is entered as counsel for appellant. F/O counsel for appellant shall advise this court within 30 days from the date of this order as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. (By RO)
06/30/1993		STATEMENT of appellant in response to Court's order dated 6/2/93.
08/06/1993		ORDER - appellant shall advise this court within 30 days from the date of this order as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. (By JAC)
09/09/1993		STATEMENT of appellant in re to the crt's order dtd 8/6/93.
12/23/1993		ORDER that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. 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 two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989) (by: WHN)
02/08/1994		ORDER - ORDERED that appellant shall advise this court, within 15 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. 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 two appeals will be consolidated. See Hall v. United States , 559 A.2d 1321, 1322 (D.C 1989) (By WHN)
02/17/1994		STATEMENT-of aplt pursuant to 2/8/94 order
03/15/1994		APPELLANT'S MOTION TO CONSOLIDATE THE TWO APPEAL RELATING TO LOWER COURT NUMBER F-12917-89 (91CF123and 94CO241.
03/15/1994		MOTION(S) FEE PAID
04/11/1994		ORDER, sua sponte, that this court's June 3, 1992, order is vacated to the extent that it stayed this appeal. (by:Ferren)
04/11/1994		ORDER GRANTING APPELLANT'S MOTION TO CONSOLIDATE and appeal nos. 91-CF-123 and 94-CO-241 are consolidated for all purposes (by:Ferren)
04/11/1994		ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS in no. 94-CO-241 and the Clerk shall file the lodged docketing statement. F/O that appellant shall file the designation of record and statement regarding transcript in no. 94-CO-241 within 10 days from the date of this order. (by:Ferren)
04/11/1994		APPELLANT'S DOCKETING STATEMENT (no. 94-CO-241)
04/11/1994		PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/25/1994		RECORD ON APPEAL
04/25/1994		RECORD COMPLETED
04/27/1994		APPELLANT'S MOTION FOR LEAVE TO FILE DR & SRT
04/27/1994		MOTION(S) FEE PAID
05/16/1994		ORD GRANT APLT MOTION FOR LEAVE TO FILE DR & SRT and the designation of record and statement regarding transcript in 94-CO-241 are filed. (By WHN)
05/16/1994		DESIGNATION OF RECORD iin 94-CO-241
05/16/1994		STATEMENT REGARDING TRANSCRIPT(S) in 94-CO-241
06/29/1994		ORDER: The brief of appellant in 94-CO-241 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 request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause (WHN).
08/10/1994		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF by 30 days.
08/10/1994		MOTION(S) FEE PAID
09/01/1994		ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed on or before September 7, 1994. Any further request for an extension of time will be looked upon with dsifavor and granted only a showing of good cause. (BY WHN)
09/07/1994		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
10/03/1994		ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed on or before October 11, 1994. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY WHN)
10/11/1994		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 10/26/94.
10/11/1994		MOTION(S) FEE PAID
10/17/1994		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 5 days.
10/17/1994		MOTION(S) FEE PAID
10/24/1994		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 5 days.
10/24/1994		MOTION(S) FEE PAID
10/31/1994		APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 11/1/94.
10/31/1994		MOTION(S) FEE PAID
11/02/1994		APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF
11/02/1994		RECEIVED - aplt's brief
11/02/1994		MOTION(S) FEE PAID
11/28/1994		ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF and the lodged brief of appellant is filed. F/O that the brief of appellee shall be filed on or before December 6, 1994. (BY WHN)
11/28/1994		APPELLANT'S BRIEF
12/06/1994		APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to and including January 5, 1995. (NO OPPO)
12/19/1994		APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to amend certificate of service.
12/19/1994		MOTION(S) FEE PAID
12/19/1994		RECEIVED Motion to Amend Certificate of Service.
01/05/1995		RECEIVED Consolidated Brief for Appellee.
01/05/1995		APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to withdraw previous brief.
02/01/1995		ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to amend the certificate of service, and the Clerk shall file the lodged amended certificate of cervice for appellant's brief. (More)............
02/01/1995		ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF. (More)..........
02/01/1995		ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION to withdraw its previous brief, and the Clerk shall withdraw the brief of appellee filed on December 10, 1991, and file the lodged consolidated brief of appellee. F/O that these cases shall be scheduled for consideration before a merits division as soon as the calendar permits. (By: AMW)
02/01/1995		APPELLEE'S BRIEF (consolidated) *REPLACES BRIEF OF APPELLEE FILED ON 12/10/91* See 2/1/95 order
02/01/1995		BRIEFS COMPLETED (See 2/1/95 order)
02/08/1995		FINAL SCREENING - REGULAR CALENDAR
04/11/1995	Filed	ACTION - Argued / Submitted
04/11/1995		ARGUED (WG,ST,SC) W. Gary Kohlman, Esquire, for appellant. Mary D. Robrigues, Esquire, for appellee.
12/29/1995		AFFIRMED Opinion
01/23/1996		MANDATE ISSUED
01/23/1996		RECEIVED appellant motion for leave to late-file petition for rehearing en banc.
01/23/1996		MOTION(S) FEE PAID
01/23/1996		RECEIVED petition for rehearing en banc.
02/02/1996		ORDER directing appellee within 20 days from the date of this order to file a response to pet for reh en banc (10 copies). (WA)
02/23/1996		APLE MOTION FOR LEAVE TO FILE ANSWER/RESPONSE- to late file motion for extension of time to respond to aplt's petiton for rehearing en banc
02/23/1996		RECEIVED
02/23/1996		RECEIVED - aple's motion for an extension of time to respond to aplt's peitont for rehearing en banc
03/01/1996		ORDER grant aple's mo for leave to late file mo for ext of time to respond to pet and the Clerk is directed to file the lodged motion. Further Ordered that aple's mo for ext of time to respond to pet is granted and aple's response to pet for reh en banc shall be filed on or before March 14, 1996. (TE)
03/07/1996		APPELLEE'S OPPOSITION to petition for rehearing en banc for 91CF123 & 94CO241
06/13/1996		ORDER DENYING APLT PETITION FOR REHEARING EN BANC and grant appellant's motion for leave to late- file petition. (EB) (Judge King is recused from this case.)
06/13/1996		APPELLANT'S PETITION FOR REHEARING EN BANC