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United States Court Cases

District Of Columbia Court Of Appeals Record

JOSEPH E. TINKER V. UNITED STATES

Case Information: 07-CO-0078
Short Caption:JOSEPH E. TINKER V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Lead: 01-CF-1110 Consolidated:07-CO-0078
Superior Court or Agency Case Number:FEL4924-98Filed Date:01/05/2007

Opening Event Date:01/05/2007Case Status:Closed
Record Completed:10/03/2007Post-Decision Matter Pending:
Briefs Completed:02/27/2009
Argued/Submitted:11/30/2009
Disposition:Next Scheduled Action:
Mandate Issued:09/23/2010

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJoseph E. Tinker N
Jenifer WicksYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Ann K. H. SimonYN

Events
Event DateStatusDescriptionResult
04/21/2003SUPPLEMENTAL RECORD #14 (226 pgs/Coney - 8/8/00 proceedings)
01/05/2007NOTICE OF APPEAL
03/06/2007ORDERED that appellant's motion to consolidate is granted, and appeals nos. 01-CF-1110 and 07-CO-78 are consolidated for all purposes herein. F/O that, in appeal no. 07-CO-78, 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 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. F/O that appellant's failure to respond to any order of this court, including this order, shall subject this appeal to dismissal without further notice for lack of prosecution. See D.C. pp. R. 13 (a). (GP)
04/09/2007MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT in 07-CO-78. no oppo
04/09/2007RECEIVED - aplt's statement re transcript.
04/10/2007 On consideration of appellant's consent motion for leave to late file the statement regarding transcript, it is ORDERED that appellant's motion is granted and the lodged statement regarding transcript is filed. (GP)
04/10/2007STATEMENT REGARDING TRANSCRIPT(S) (07-CO-78) (RT ordered/needed (pii)
10/03/2007RECORD INDEX (07CO78)
10/03/2007RECORD COPIES (07CO78)
10/03/2007SUPPLEMENTAL RECORD - #18 (8pgs/Tape) 11/1/06 proc.
10/03/2007RECORD COMPLETED
10/05/2007 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief 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)
10/29/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until April 11, 2008 (unopposed)
10/31/2007 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 shall be filed on or before April 11, 2008. (GP)
04/11/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until completion of transcript (with attached Statement Regarding Transcript)
06/30/2008 On consideration of appellant's consent motion for an extension of time and the statement that the transcript is incomplete, and it appearing that there are no orders for transcript pending with the Court Reporting Division of the Superior Court, it is ORDERED that appellant shall w/in 20 days from the date of this order advise this court, with specificity, of what transcript is still outstanding and of all actions appellant has taken, including those taken since the date appellant filed appellant's motion for extension of time, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. It is F/ORDERED that appellant's motion for an extension of time is hereby held in abeyance pending appellant's response to this order. (ETW)
07/03/2008ORDERED that appellant's motion is granted to the extent that the appellant's brief 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. (pii)
07/14/2008APPELLANT'S ANSWER/RESPONSE transcript has been recvd.
08/12/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 9/19/08 no oppo (pii)
08/19/2008 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 shall be filed on or before September 19, 2008. (GP)
09/19/2008APPELLANT'S BRIEF
09/19/2008APPENDIX
10/24/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/23/08 (unopposed)
11/03/2008 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 December 23, 2008. (GP)
12/15/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF 60 days no oppo
12/17/2008 On consideration of appellee's uncontested motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before February 23, 2009._Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
02/23/2009APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES (no oppo)
02/23/2009RECEIVED - aple's brief
02/25/2009TMC - appellee's motion to file (LODGED) brief in excess pages
02/27/2009ORD GRT APLE MO FOR LV TO FL BRF IN EXCESS OF PGS FO that the appeals shall be scheduled for consideration as soon as the calendar permits. (RDTHPY)
02/27/2009BRIEFS COMPLETED
04/08/2009CERTIFICATE PER RULE 28
05/13/2009FINAL SCREENING - REGULAR CALENDAR
09/11/2009CERTIFICATE PER RULE 28 aple
09/28/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
09/30/2009CALENDAR NOTICE SENT
11/09/2009MEMORANDUM - from aple substituting Ann Simon w/Kristina Ament who will argue the case
11/13/2009APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
11/13/2009RECEIVED - aplt's reply brief.
11/20/2009CERTIFICATE PER RULE 28 aple
11/30/2009FiledACTION - Argued / Submitted
11/30/2009ARGUED before Judge Blackburne-Rigsby, Oberly, Schwelb, Jenifer Wicks, Esq. for Appellant Kristina Ament, Esq. for Appellee
12/02/2009ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief is filed. (B-R,OB,SC)
12/02/2009APPELLANT'S REPLY BRIEF
12/14/2009AFFIRMED MOJ (Blackburne-Rigsby, Oberly, Schwelb)
12/24/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 3/26/10
01/08/2010ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before March 26, 2010. (WH)
03/26/2010APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until April 30, 2010
03/31/2010ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before April 30, 2010. No further requests for extension of time will be granted absent a showing of good cause. (WH)
04/30/2010APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until June 11, 2010 (no oppo)
05/05/2010ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before June 11, 2010. (WH)
06/11/2010APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB until July 13, 2010
06/15/2010ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before July 13, 2010. Absolutely no further requests for extension of time will be granted absent a showing of good cause. (WH)
07/13/2010APLT'S PETITION FOR REHEARING/REHEARING EN BANC
09/15/2010ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHRZRDGLKRBRTHOBSC) (Judge Fisher is recused from this case.)
09/23/2010MANDATE ISSUED
12/28/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI