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United States Court Cases

District Of Columbia Court Of Appeals Record

WARDELL L. TYREE V. UNITED STATES

Case Information: 08-CO-0054
Short Caption:WARDELL L. TYREE V. UNITED STATESClassification:Appeals - Criminal Other - Other Criminal
Superior Court or Agency Case Number:FEL9514-96Filed Date:01/02/2008

Opening Event Date:01/02/2008Case Status:Closed
Record Completed:04/21/2008Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:09/18/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantWardell L. Tyree YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Bernard J. Delia NN

Events
Event DateStatusDescriptionResult
01/02/2008NOTICE OF APPEAL
02/20/2008 ORDERED that appellant shall within 20 days from the date of this order SHOW CAUSE why this appeal should not be dismissed for lack of jurisdiction as having been UNTIMLEY filed as to the August 24, 2007, order and has having been PREMATURELY filed as the supplemental motion remains pending. See D.C. App. R. 4 (b)(1); West v. Morris, 711 A.2d 1269 (D.C. 1998). (BY: ETW) lw
03/03/2008RESPONSE TO ORDER TO SHOW CAUSE (Appellant's)
03/11/2008RECEIVED - exhbit A w/affidavit & response to court's jurisdictional questions.
03/19/2008 On consideration of the NOA, from an August 23, 2007, order denying appellant's successive D.C. Code 23-110 motion, this court's February 20, 2008, order directing appellant to show cause, the response thereto, and it appearing that the trial court denied appellant's D.C. Super. Ct. R. 59(e) motion on March 17, 2008, and it further appearing that no in-court proceedings were held, and therefore, NO TRANSCRIPTS ARE NEEDED FOR THIS APPEAL, it is ORDERED that this court's February 20, 2008, ORDER TO SHOW CAUSE IS HEREBY DISCHARGED as this appeal has ripened with the entry of the trial court's March 17, 2008, order. It is *****MORE*****
03/19/2008 F/ORDERED that a briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, of the record index and copies in accordance with D.C. App. R. 11(b)(3)(A). (BY: ETW) lw
04/15/2008APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for Injunctive Relief.
04/21/2008RECORD INDEX
04/21/2008RECORD COPIES
04/21/2008RECORD COMPLETED
05/01/2008ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for injunctive relief. It is FURTHER ORDERED that appellant's brief and the limited appendix including the documents required by D.C. App. R. 30(f), 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. (By:ETW)
05/20/2008AFFIDAVIT of Appellant.
06/09/2008APPELLANT'S BRIEF
06/09/2008APPENDIX to Appellant's Brief.
07/14/2008APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL
07/15/2008TMC - appellee's motion to dismiss for lack of jurisdiction
07/30/2008 ORDERED that APPELLEE'S MOTION TO DISMISS IS GRANTED and this appeal is HEREBY DISMISSED. See Taylor v. US, 603 A.2d 451, 458 (d.C. 1992) (the denial of a motion to reconsider (the denial of a D.C. Code 23-110 motion) is not an appealable oreer. Moreover, in the absence of specific authority which does not exist here, a motion for reconsideration does not toll the time for noting an appeal.) (KRFATE)
07/30/2008DISMISSED
08/14/2008APPELLANT'S PETITION FOR REHEARING
09/09/2008ORDER DENYING APPELLANT'S PETITION FOR REHEARING (pro se petition) (KR,FA,TE)
09/18/2008MANDATE ISSUED