Case Information: 08-CO-0054 | |||
Short Caption: | WARDELL L. TYREE V. UNITED STATES | Classification: | Appeals - Criminal Other - Other Criminal |
Superior Court or Agency Case Number: | FEL9514-96 | Filed Date: | 01/02/2008 |
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Opening Event Date: | 01/02/2008 | Case Status: | Closed |
Record Completed: | 04/21/2008 | Post-Decision Matter Pending: | |
Briefs Completed: | |||
Argued/Submitted: | |||
Disposition: | Next Scheduled Action: | ||
Mandate Issued: | 09/18/2008 | ||
Costs Waived |
Party Information | ||||||||||||
Appellate Role | Party Name | IFP | Attorney(s) | Arguing Attorney | E-Filer | |||||||
Appellant | Wardell L. Tyree | Y | Pro Se | N | ||||||||
Appellee | United States | N |
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Events | ||||
Event Date | Status | Description | Result | |
01/02/2008 | NOTICE 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 | |||
03/03/2008 | RESPONSE TO ORDER TO SHOW CAUSE (Appellant's) | |||
03/11/2008 | RECEIVED - 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 | |||
04/15/2008 | APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for Injunctive Relief. | |||
04/21/2008 | RECORD INDEX | |||
04/21/2008 | RECORD COPIES | |||
04/21/2008 | RECORD COMPLETED | |||
05/01/2008 | ORDER 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) | |||
05/20/2008 | AFFIDAVIT of Appellant. | |||
06/09/2008 | APPELLANT'S BRIEF | |||
06/09/2008 | APPENDIX to Appellant's Brief. | |||
07/14/2008 | APPELLEE'S MOTION TO DISMISS/WITHDRAW APPEAL | |||
07/15/2008 | TMC - 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) | |||
07/30/2008 | DISMISSED | |||
08/14/2008 | APPELLANT'S PETITION FOR REHEARING | |||
09/09/2008 | ORDER DENYING APPELLANT'S PETITION FOR REHEARING (pro se petition) (KR,FA,TE) | |||
09/18/2008 | MANDATE ISSUED |