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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: MATTHEW J. MARSHALL, JR., APLT.

Case Information: 07-SP-0146
Short Caption:IN RE: MATTHEW J. MARSHALL, JR., APLT.Classification:Appeals - Special Proceedings - Other Special Proceedings
Superior Court or Agency Case Number:CSP2195-05Filed Date:03/12/2007

Opening Event Date:03/12/2007Case Status:Closed
Record Completed:12/03/2007Post-Decision Matter Pending:
Briefs Completed:06/18/2008
Argued/Submitted:01/14/2009
Disposition:Next Scheduled Action:
Mandate Issued:03/11/2009
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMatthew J. Marshall, Jr.YPro SeN
AppelleeBar CounselN
Wallace E. Shipp NN
Joseph N. BowmanYY

Events
Event DateStatusDescriptionResult
03/12/2007NOTICE OF APPEAL
03/12/2007APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION FOR RELEASE PENDING APPEAL LW
03/12/2007APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS
03/14/2007TMC - appellant's motion for release pending appeal - opposition - motion to proceed IFP
03/20/2007APPELLEE'S OPPOSITION to appellant's motion for stay of further execution of sentence pending appeal
03/29/2007 ORDERED that the MOTION FOR RELEASE pending appeal is DENIED. It is *****MORE*****
03/29/2007 FURTHER ORDERED that appellant's MOTION for IFP is DENIED W/O PREJUDICE to appellant submitting a motion accompanied by a completed affidavit. It is *****MORE*****
03/29/2007 FURTHER ORDERED that appellant shall take the necessary steps to ensure that all the transcript necessary for the appeal has 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. (BRFISC)
04/03/2007RECEIVED Appellant's reply to Bar Counsel's Opposition to the Motion to Stay Further Execution of Sentence.
04/13/2007RECEIVED appellant's statement regarding transcript
04/13/2007APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS
05/08/2007ORDER GRANT APLT MO TO PROCEED IN FORMA PAUPERIS. It is FURTHER ORDERED that the Clerk shall file the lodged statement regarding transcript. (By: ETW)
05/08/2007STATEMENT REGARDING TRANSCRIPT(S) (rt ordered)
12/03/2007RECORD COPIES
12/03/2007RECORD INDEX
12/03/2007SUPPLEMENTAL RECORD - #1 (11 pgs/tape) 10/19/06 proc.
12/03/2007SUPPLEMENTAL RECORD - #2 (86 pgs/Coney) 12/106 proc.
12/03/2007SUPPLEMENTAL RECORD - #3 (135 pgs/Swaringer) 1/4/07 proc.
12/03/2007SUPPLEMENTAL RECORD - #4 (14 pgs/tape) 2/15/07 proc.
12/03/2007RECORD COMPLETED
12/05/2007 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)
01/30/2008 On consideration of this court's order of December 5, 2007, directing 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 limited appendix have not been filed with this court, 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. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 13. (GP)
02/25/2008ORDER: This appeal is hereby dismissed. See D.C. App. R. 13. (By: ETW)
02/25/2008DISMISSED
03/06/2008APPELLANT'S MOTION TO REINSTATE APPEAL
03/12/2008APPELLEE'S OPPOSITION - to motion to reinstate
03/27/2008APPELLANT'S REPLY - to aple's oppo to aplt's motion to reinstate
03/28/2008ORDERED: That the motion to reinstate is hereby held in abeyance and appellant is directed to submit his brief and limited appendix within 40 days from the date of this order. Failure to comply shall result in denial of appellant's motion to reinstate. (By: MWF)
05/08/2008RECEIVED - Appellant's Brief out of time. Appellant notified by phone to file both a motion for leave to file out of time and an Appendix in accordance with DCCA order dated 3/28/08
05/14/2008RECEIVED - aplt's motion for leave to file brief and appdx out of time
05/14/2008RECEIVED - aplt's appdx
05/21/2008ORDER GRANT APPELLANT MOTION TO REINSTATE APPEAL and this appeal is hereby reinstated. It is FURTHER ORDERED that appellant's motion for leave is granted and the Clerk shall file the lodged brief of appellant and the limited appendix. It is FURTHER ORDERED that the brief of appellee shall be filed within 30 days from the date of this order. (By: ETW)
05/21/2008APPELLANT'S BRIEF
05/21/2008APPENDIX
06/17/2008APPELLEE'S BRIEF
06/18/2008BRIEFS COMPLETED
07/14/2008FINAL SCREENING - SUMMARY CALENDAR I
11/26/2008CALENDAR NOTICE SENT
12/04/2008LETTER FROM COUNSEL REQUESTING ORAL ARGUMENT Granted
12/10/2008On consideration of the motion of pro se appellant for oral argument, and it appearing that this matter is scheduled on the summary calendar of January 14, 2009, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted. The parties are to be present in the District of Columbia Court of Appeals courtoom, located on the sixth floor, at 1:50 p.m. on that date. (GP)
01/14/2009FiledACTION - Argued / Submitted
01/14/2009ARGUED before Judges Belson, King, Ferren Matthew J. Marshall, Pro Se Joseph N. Bowman, Esq. for Appellee
01/23/2009AFFIRMED MOJ (Belson, Ferren, King)
03/11/2009MANDATE ISSUED