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United States Court Cases

District Of Columbia Court Of Appeals Record

ROY L. TOLBERT V. UNITED STATES

Case Information: 06-CO-1559
Short Caption:ROY L. TOLBERT V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Superior Court or Agency Case Number:FEL11757-94Filed Date:10/13/2006

Opening Event Date:10/13/2006Case Status:Closed
Record Completed:04/17/2007Post-Decision Matter Pending:
Briefs Completed:03/07/2008
Argued/Submitted:09/10/2008
Disposition:Next Scheduled Action:
Mandate Issued:10/06/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRoy L. Tolbert Y
Kyle A. McGonigalYN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Jay Apperson YN

Events
Event DateStatusDescriptionResult
10/13/2006NOTICE OF APPEAL
01/30/2007 On consideration of the notice of appeal filed in this case on October 13, 2006, and it appearing that appellant has been found eligible for court appointed counsel, and it further appearing that no transripts is needed for this appeal, it is ORDERED that Kyle McGonigal, Esquire, is hereby appointed to represent appellant in this appeal. It is FURTHER 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 record copies in accordance with D.C. App. R. 11 9b)(3)(A). (By: GP)
01/30/2007APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kyle McGonigal, Esquire
04/17/2007RECORD INDEX in 06-CO-1559.
04/17/2007RECORD COPIES in 06-CO-1559.
04/17/2007RECORD COMPLETED
04/19/2007 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)
05/31/2007 On consideration of this court's order of April 19, 2007, directing counsel for appellant to file the brief, and the limited appendix as required by D.C.App. R. 30 (f), within 40 days and it appearing that the brief and the appendix have not been filed, it is ORDERED that the brief of appellant and the limited appendix shall be submitted within 20 days from the date of this order, 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 documents or to request an extension of time within which to do so. (GP)
06/19/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 40 days (no oppo)
06/27/2007 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 July 30, 2007. (By: GP)
08/02/2007 On consideration of this court's order of June 27, 2007, granting appellant's motion for an extension of time to file the brief and limited appendix on or before July 30, 2007, and it appearring 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)
08/22/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days (no oppo)
09/10/2007 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 September 21, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
09/26/2007 On consideration of this court's order of September 10, 2007, granting appellant's motion for an extension of time to file the brief and limited appendix on or before September 21, 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 timely file the documents or to request and extension of time within which to do so. (GP)
10/23/2007 On consideration of this court's order of September 26, 2007, which directed appellant to submit the brief within 20 days from the date of the order, accompanied by a motion for leave to file out of time, and it appearing that the brief has not been filed, it is ORDERED that counsel for appellant shall within 15 days from the date of this order submit the brief, 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 brief or to request an extension of time within which to do so. (ETW)
11/20/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/30/07. no oppo
12/06/2007ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the brief of appellant and the limited appenix shall be filed within 15 days from the date of this order. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
01/03/2008APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF no oppo
01/03/2008RECEIVED - aplt's brief w/appendix.
01/15/2008 On consideration of appellant's motion for leave to late file the lodged brief and the limited appendix, to which no opposition has been filed, it is ORDERED that appellant's motion is granted and the lodged brief and the limited appendix are filed. It is FURTHER ORDERED that the brief of appellee_ shall be filed with this court on or before February 7, 2008. (By: GP)
01/15/2008APPELLANT'S BRIEF/appendix
02/07/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until March 7, 2008
02/21/2008 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 March 7, 2008. (By: GP)
03/07/2008APPELLEE'S BRIEF
03/07/2008BRIEFS COMPLETED
03/14/2008FINAL SCREENING - SUMMARY CALENDAR I
06/13/2008CALENDAR NOTICE SENT
06/19/2008LETTER FROM COUNSEL REQUESTING ORAL ARGUMENT Denied
06/26/2008ORDER - It is ORDERED, sua sponte, that this matter is removed from the Summary Calendar of July 16, 2008. The Clerk is directed to reschedule this matter for consideration by a merits division as soon as the calendar permits. Appellant's request to present oral argument is denied without prejudice to renewal upon recalendaring.
07/25/2008CALENDAR NOTICE SENT
08/04/2008LETTER FROM COUNSEL REQUESTING ORAL ARGUMENT Granted
08/07/2008LETTER TO COUNSEL GRANTING REQUEST TO ARGUE (JAC)
09/10/2008FiledACTION - Argued / Submitted
09/10/2008ARGUED before Judges Nebeker, Terry, Schwelb Kyle A. McGonigal, Esq. for Appellant Jay Apperson, Esq. for Appellee
09/11/2008AFFIRMED MOJ (Nebeker, Terry, Schwelb)
10/06/2008MANDATE ISSUED