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United States Court Cases

District Of Columbia Court Of Appeals Record

LAFAYETTE BAILEY V. UNITED STATES

Case Information: 06-CF-1422
Short Caption:LAFAYETTE BAILEY V. UNITED STATESClassification:Appeals - Criminal Felony - Sexual Abuse
Superior Court or Agency Case Number:FEL292-05Filed Date:11/03/2006

Opening Event Date:11/03/2006Case Status:Closed
Record Completed:09/13/2007Post-Decision Matter Pending:
Briefs Completed:11/26/2008
Argued/Submitted:09/02/2009
Disposition:Next Scheduled Action:
Mandate Issued:08/24/2011
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantLafayette Bailey Y
AppelleeUnited StatesN
Roy W. McLeese, IIINN
John P. Gidez YN

Events
Event DateStatusDescriptionResult
11/03/2006NOTICE OF APPEAL
12/14/2006 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that James W. Klein, Esquire, is hereby appointed to represent appellant in this appeal. It is FURTHER ORDERED that counsel for appellant shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to the appeal have been ordered and shall, within 30 days from the date of this order complete and file with this court a single copy of the attached statement regarding the transcript ordered for this appeal. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal. (GP)
12/27/2006STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
09/13/2007RECORD INDEX
09/13/2007RECORD COPIES
09/13/2007SUPPLEMENTAL RECORD - #1 (13 pgs/tape) 8/8/05 proc.
09/13/2007SUPPLEMENTAL RECORD - #2 (11 pgs/Ransom-Jones) 8/16/05 proc.
09/13/2007FiledSUPPLEMENTAL RECORD - #3 (361 pgs/Warren) 2/14-15/06 proc.
09/13/2007SUPPLEMENTAL RECORD - #4 (26 pgs/Shelton) 2/17/06 proc.
09/13/2007SUPPLEMENTAL RECORD - #5 (402 pgs/Van Bremen) 2/21-22/06 proc.
09/13/2007SUPPLEMENTAL RECORD - #6 (403-599 pgs/Van Bremen) 2/23/06 proc.
09/13/2007SUPPLEMENTAL RECORD - #7 (394 pgs/Hawkins) 2/27-3/2/06 proc.
09/13/2007SUPPLEMENTAL RECORD - #8 (33 pgs/Hawkins) 10/6/06 proc.
09/13/2007RECORD COMPLETED
09/21/2007 It appearing that the complete record on appeal has been filed with this court, it is 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. (GP)
10/31/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/29/08. no oppo
11/02/2007 On consideration of appellant'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 appellant's brief and the limited appendix shall be filed on or before January 29, 2008. (GP)
01/29/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 4/28/08 no oppo
02/11/2008 On consideration of appellant'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 appellant's brief and limited appendix shall be filed on or before_April 28, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
04/28/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/28/08 no oppo
05/06/2008 On consideration of appellant's unopposed motion for an extension of time within which to file the brief and the limited appendix, it is ORDERED that the motion is granted and appellant's brief and the limited appendix shall be filed on or before July 28, 2008. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
07/28/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 22, 2008 (no oppo)
08/05/2008 On consideration of appellant's unopposed motion for an extension of time within which to file the brief and the limited appendix, it is ORDERED that the motion is granted and appellant's brief and the limited appendix shall be filed on or before August 22, 2008. No further requests for extensions of time will be granted absent a showing of good cause. (MWF)
08/22/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 28 days. no oppo
08/28/2008 On consideration of appellant's unopposed motion for an extension of time within which to file the brief and the limited appendix, it is ORDERED that the motion is granted, and appellant's brief and the limited appendix shall be filed on or before September 19, 2008. No further requests for extensions of itme will be granted absent a showing of good cause. (ETW)
09/19/2008APPELLANT'S BRIEF
09/19/2008APPENDIX
09/30/2008APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
10/02/2008 On consideration of the unopposed motion of appellant to supplement the record with the lodged document that was part of the record in the trial court, it is ORDERED that the motion is granted and the lodged document will be forwarded to the Appeals Coordinator's Office for transmittal to this court as a supplemental record. (GP)
10/16/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until November 26, 2008 (no oppo)
10/21/2008 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 26, 2008. (GP)
10/21/2008SUPPLEMENTAL RECORD - #9 (pleadings) (STRIKEN FROM THE RECORD (see the 11/7 ord) (pii)
10/28/2008APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo (corrected copy)
11/07/2008ORDERED that the corrected motion is granted and the lodged documents will be forwarded to the appeals Coordinator's Office for transmittal to this court as a supplemental record. F/O that the supplemental record #9 filed with this court on October 21, 2008 is hereby stricken from this court's record. (ETW)
11/17/2008SUPPLEMENTAL RECORD - #10 (pleading)
11/26/2008APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD w/attachments (no oppo)
11/26/2008APPELLEE'S BRIEF
11/26/2008BRIEFS COMPLETED
12/03/2008ORDERED that the motion is granted and the lodged documents will be forwarded to the Appeals Coordinator's Office for transmittal to this court as a supplemental record. (GP)
12/23/2008SUPPLEMENTAL RECORD - #11 (superior court pleadings)
01/30/2009FINAL SCREENING - REGULAR CALENDAR
06/29/2009 It appearing that this appeal is likely to be calendared for argument during the months of September 2009 through November 2009, it is ORDERED that counsel shall advise this court in writing by July 17, 2009 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
07/13/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
07/13/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
07/15/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (aple)
08/04/2009CALENDAR NOTICE SENT
08/14/2009APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
08/14/2009RECEIVED - aplt's reply brief
08/27/2009CERTIFICATE PER RULE 28
08/28/2009ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEFand the lodged reply brief is filed. (GP)
08/28/2009APPELLANT'S REPLY BRIEF
09/02/2009FiledACTION - Argued / Submitted
09/02/2009ARGUED before Judges Washington, Blackburne-Rigsby, Nebeker Corinne Beckwith, Esq. for appellant John P. Gidez, Esq. for appellee
11/12/2009Error
12/30/2010FiledAFFIRMED IN PART/REVERSED IN PART and the case is remanded for further proceedings. (Washington, Chief Judge, Blackburne-Rigsby, Associate Judge, and Nebeker, Senior Judge)
01/13/2011APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB on or before March 14, 2011 (unopposed)
01/19/2011ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before March 14, 2011. (WH)
03/14/2011APLT'S PETITION FOR REHEARING/REHEARING EN BANC
04/05/2011ORDER 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)
04/18/2011APLE MO TO EXTEND TIME TO FILE PET FOR REH/REH EB no oppo to 6/3/11
04/21/2011ORD GRT APLE MO TO EXTEND TIME TO FILE OPPOSITION to pet for reh/reh en banc on or before June 3, 2011. (WH)
06/03/2011APPELLEE'S OPPOSITION - to aplt's petition for rehearing/rehearing en banc
08/19/2011FiledOrder Denying petition for rehearing or rehearing en banc (appellant)
08/24/2011FiledMandate
12/12/2011FiledQualls Letter Filed (Appellant)