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United States Court Cases

District Of Columbia Court Of Appeals Record

RONALD WILLIAM MIDDLETON V. UNITED STATES

Case Information: 07-CF-0047
Short Caption:RONALD WILLIAM MIDDLETON V. UNITED STATESClassification:Appeals - Criminal Felony - Sexual Abuse
Superior Court or Agency Case Number:CF1-15948-06Filed Date:02/08/2007

Opening Event Date:02/08/2007Case Status:Closed
Record Completed:06/05/2007Post-Decision Matter Pending:
Briefs Completed:04/07/2008
Argued/Submitted:03/05/2009
Disposition:Next Scheduled Action:
Mandate Issued:02/02/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRonald Middleton YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
02/08/2007NOTICE OF APPEAL
03/02/2007 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that G. Godwin Oyewole, Esquire, is hereby appointed to represent appellant in this appeal nunc pro tunc to February 9, 2007. 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)
03/02/2007APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) G. Godwin Oyewole, Esquire
04/05/2007 On consideration of this court's order of March 2, 2007, directing counsel for appellant to file the statement regarding transcript within 30 days and it appearing that the statement regarding transcript has not been filed, it is ORDERED that counsel for appellant shall within 15 days from the date of this order submit the statement regarding transcript, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the document or to request an extension of time within which to do so. (GP)
04/11/2007MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT (did not comply with rule 27)
04/11/2007RECEIVED - aplt's statement re transcript.
04/25/2007 On consideration of appellant's motion for leave to file the lodged statement regarding transcript, it is ORDERED that appellant's motion is granted and the lodged statement regarding transcript is filed. (GP)
04/25/2007STATEMENT REGARDING TRANSCRIPT(S)
06/05/2007RECORD INDEX
06/05/2007RECORD COPIES
06/05/2007SUPPLEMENTAL RECORD - #1 (323 pgs/Ramos) 10/25-27/06 proc.
06/05/2007SUPPLEMENTAL RECORD - #2 (10 pgs/tape) 1/26/07 proc.
06/05/2007RECORD COMPLETED
06/08/2007 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)
07/17/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo
08/03/2007ORDERED that any request by appellant pro se for a copy of the transcript is denied. F/O that the moiton for an extension of time is granted and appellant's brief and the limited appendix shall be filed on or before September 17, 2007. (ETW)
08/13/2007RECEIVED pro se request of appellant for the removal of appellate counsel.
08/15/2007LETTER referring to counsel for appellant the August 13 pro se request of appellant for removal of counsel and directing counsel to respond within 20 days. (JAC)
08/17/2007RECEIVED pro se letter from appellant asking name of counsel and a copy of the court transcript.
08/17/2007LETTER referring to counsel for appellant the August 17 pro se letter from appellant. (JAC)
09/04/2007COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (ex-parte)(dwm) aplt Granted
09/19/2007ORDERED that the ex-parte motion of counsel for appellant is granted and the appointment of G. Godwin Oyewole, Esquire, is hereby vacated, and William T. Morrison, Esquire, is appointed to represent appellant herein. G. Godwin Oyewole, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O 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. (ETW)
09/28/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/23/07. no oppo
10/04/2007 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 December 23, 2007. (GP)
01/10/2008 On consideration of this court's order of October 4, 2007, granting appellant's motion for an extension of time to file the brief and limited appendix on or before December 23, 2007, and it appearing that the brief and limited appendix have not been filed, it is ORDERED that counsel for appellant shall within 20 days from the date of this order, submit the brief and the limited appendix, accompanied by a motion for leave to file the documents out of time. The motion shall set forth good cause for the failure either to fimely file the documents or to request and extension of time within which to do so. (GP)
01/25/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
01/29/2008 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 the limited appendix shall be filed on or before March 1, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/06/2008APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF no oppo
03/06/2008RECEIVED - aplt's brief w/appendix.
03/10/2008 On consideration of appellant's unopposed motion for leave to late file the lodged brief and limited appendix, it is ORDERED that appellant's motion is granted and the lodged brief and limited appendix are filed. It is FURTHER ORDERED that the brief of appellee_ shall be filed with this court on or before April 7, 2008. (GP)
03/10/2008APPELLANT'S BRIEF/limited appendix attached to brief.
04/07/2008APPELLEE'S BRIEF
04/07/2008BRIEFS COMPLETED
04/09/2008RECEIVED correspondence, from Appellant, regarding the lack of communication from court-appointed and his removal from the case and Appellant's disapproval of the Appellant's Brief.
04/09/2008LETTER referring to counsel for appellant the April 9 pro se correspondence from appellant. (JAC)
05/07/2008FINAL SCREENING - REGULAR CALENDAR
07/07/2008RECEIVED pro se letter, from APpellant, regarding lack of response from court-appointed counsel pertaining to access to transcript(s).
07/11/2008 It appearing that this appeal is likely to be calendared for argument during the months of October 2008 thru December 2008, it is ORDERED that counsel shall advise this court in writing by August 18, 2008 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
07/18/2008COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Denied
07/21/2008TMC - counsel's motion to withdraw
07/22/2008 On consideration of the MOTION filed by counsel TO WITHDRAW that attached numerous letters filed by appellant pro se to counsel and this court an d the NEW NOA taken from the denial of a D.C. Code 23-100 motion and it appearing that NO TRANSCRIPT IS NEEDED for the later appeal, it is ORDERED that the MOTION filed by counsel TO WITHDRAW IS DENIED. It is *****MORE*****
07/22/2008 FURTHER ORDERED, SS, that these appeals are HEREBY CONSOLIDATED FOR ALL PURPOSES. It is *****MORE*****
07/22/2008 FURTHER ORDERED that counsel shall, within 30 days from the date of this oder, file a supplemental brief on any issues raised by the new appeal. The brief of appellee shall be filed 30 days thereafter. It is FURTHER ORDERED that appellant is hereby directed to coooperate with counsel as no new counsel shall be appointed. (FIFATE)
08/01/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/26/2008RECORD INDEX 08co664
08/26/2008RECORD COPIES 08co664
08/26/2008APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF 30 days no oppo
09/05/2008ORDERED that the brief of appellant addressing the issues raised in appeal no. 08-CO-664 shall be filed within 30 days from the date of this order. (GP)
10/06/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 08-CO-664 to 30 days. no oppo
10/09/2008ORDERED that appellant's motion is granted and appellant's brief addressing the issues raised in appeal no. 08-CO-664 shall be filed on or before November 5, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
11/05/2008APPENDIX (08-CO-664)
11/05/2008APPELLANT'S BRIEF 08co664
12/08/2008APPELLEE'S ANSWER/RESPONSE to consolidated brief for aplt and request for remand (08-CO-664) (dwm) (construed as a motion to remand 08CO664)
12/15/2008ORDERED, sua sponte, that appeals nos. 07-CF-47 and 08-CO-664 are hereby severed. F/O that, in appeal no. 08-CO-664, the order on appeal is hereby vacated and the matter remanded to the trial court to consider the motion in light of the filed affidavit. F/O that the Clerk shall issue the mandate forthwith in appeal no. 08-CO_664. (ETW)
12/19/2008 It appearing that this appeal is likely to be calendared for argument during the months of March 2009 thru May 2009, it is ORDERED that counsel shall advise this court in writing by January 12, 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
01/06/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/15/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/29/2009CALENDAR NOTICE SENT
03/05/2009FiledACTION - Argued / Submitted
03/05/2009ARGUED before Judge Ruiz, Fisher, Farrell Williams T. Morrison, Esq. for Appellant Peter S. Smith, Esq. for Appellee
03/10/2009APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD w/2 cassette tapes attached
03/26/2009On consideration of the motion of appellee to supplement the record on appeal with the lodged attachments, and there appearing to be no opposition thereto, it is ORDERED that the motion is granted, and the Clerk of the Superior Court shall prepare and transmit Government Exhibits 2-9 and 13, Defense Exhibit 1 (photographs taken by police crime scene personnel that were enlarged for use at trial), and Governmetn Exhibits 11 and 12, (audio tapes of the April 26, 2006, and april 27, 2006, 911 calls) to this court as a supplemental record. (RZ,FI,FA)
04/03/2009SUPPLEMENTAL RECORD - #3 (gvt exhibits--audio tapes, photograph, etc.)
01/11/2010AFFIRMED MOJ (Ruiz, Fisher, Farrell)
01/21/2010CJA ATTORNEY'S QUALLS LETTER
02/02/2010MANDATE ISSUED