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United States Court Cases

District Of Columbia Court Of Appeals Record

DWAYNE B. STOUT V. UNITED STATES

Case Information: 05-CM-1572
Short Caption:DWAYNE B. STOUT V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Theft Related
Lead: 05-CM-1571 Consolidated:05-CM-1572
Superior Court or Agency Case Number:CMD8693-05Filed Date:12/05/2005

Opening Event Date:12/05/2005Case Status:Closed
Record Completed:05/03/2006Post-Decision Matter Pending:
Briefs Completed:03/23/2007
Argued/Submitted:12/05/2007
Disposition:Next Scheduled Action:
Mandate Issued:04/02/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDwayne B. Stout Y
A. Kevin FaheyYN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Lisa Hertzer SchertlerYY

Events
Event DateStatusDescriptionResult
12/05/2005NOTICE OF APPEAL
03/07/2006ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 05-CM-1571 and 05-CM-1572 for all purposes. It is FURTHER ORDERED that Donald Dworsky, Esquire, is hereby appointed to represent appellant in appeal no. 05-CM-1571. It is FURTHER ORDERED that A. Kevin Fahey, Esquire, is appointed to represent appellant in appeal no. 05-CM-1572. It is FURTHER ORDERED that counsel for each 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 transcripts(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. (By: GP)
03/07/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Donald Dworsky, Esquire (05-CM-1571)
03/07/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) A. Kevin Fahey, Esquire (05-CM-1572)
03/24/2006STATEMENT REGARDING TRANSCRIPT(S) (05CM1571) (rt ordered)dfe
04/21/2006ORDERED: Tha counsel for appellant in appeal no. 05-CT-1572, 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 statement regarding transcript or to request an extension of time within which to do so. (By: GP)
05/03/2006RECORD INDEX (05CM1572)
05/03/2006RECORD COPIES (05CM1572)
05/03/2006SUPPLEMENTAL RECORD - #1 (185pgs/Tape) 11/10/05 proc.
05/03/2006RECORD COMPLETED
05/05/2006RECORD INDEX (05CM1571)
05/05/2006RECORD COPIES (05CM1571)
05/17/2006 It appearing that the complete record on appeals have been filed with this court, it is ORDERED that appellants' briefs 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. (By: GP)
06/26/2006APPENDIX (Roberts)
06/26/2006APPELLANT'S BRIEF (Roberts)
06/26/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. (Stout) no oppo
07/07/2006ORD GRANT APLT MOTION in appeal no. 05-CM-1572 is granted and appellant's brief and limited appendix shall be filed on or before July 26, 2006. (By: GP)
07/26/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days (No oppo). (05-CM-1572)
07/31/2006ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and limited appendix in appeal no. 05-CM-1572 shall be filed on or before August 25, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
09/06/2006 On consideration of this court's order of July 31, 2006, granting appellant Dwayne B. Stout's motion for an extension of time to file the brief and limited appendix on or before August 25, 2006, and it appearing that the brief and limited appendix have not been filed, it is ORDERED that counsel for appellant Dwayne B. Stout shall, within 20 days from the date of this order, submit the brief and limited appendix, accompanied by a motion for leave to file the documents out of time. The motion should set forth good cause for the failure either to timely file the documents or request an extension of time within which to do so. (GP)
10/11/2006 On consideration of this court's order of September 6, 2006, which directed aooellant Dewayne B. Stout to submit the brief and the limited appendix w/in 20 days, accompanied by a motion for leave to file out of time, and it appearing that the brief the limited appendix have not been filed, it is ORDERED that counsel for appellant Dewayne B. Stout shall w/in 15 days from the date of this order submit the brief and the limited appendix, accompanied by a motion for leave to ifle out of itme. The motion should set forth good cause for the failure either to timely file the documents or to request an extension of time w/in which to do so. (ETW)
11/09/2006 On consideration of this court's order of October 11, 2006, which directed appellant Dwayne B. Stout to submit the brief and the limited appendix w/in 15 days, accompanied by a motion for leave to file out of time, and it appearing that the brief and the limited appendix have not been filed, it is ORDERED that counsel for appellant Dwayne B. Stout shall w/in 15 days of this order, submit the brief and the limited appendix, 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. (ETW)
11/22/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days (Stout)(no oppo)
11/29/2006ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and limited appendix, in appeal no. 05-CM-1572, shall be filed on or before December 27, 2006. No furthr requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
12/22/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 1/19/07 (Stout)
01/03/2007ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF in appeal no. 05-CM-1572, and appellant's brief and limited appendix shall be filed on or before January 19, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
01/22/2007APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF (Stout)
01/22/2007RECEIVED - Appellant's Brief (Stout)
01/22/2007RECEIVED - Limited Appendix (Stout)
02/12/2007 On consideration of appellant Dwayne B. Stout's motion for leave to late file the lodged brief and limited appendix, to which no opposition has been filed, it is ORDERED that appellant Dwayne B. Stout'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 within 30 days from the date of the order. (GP)
02/12/2007APPELLANT'S BRIEF-_(Dwayne Stout)
02/12/2007APPENDIX - (Dwayne Stout)
03/14/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until March 20, 2007
03/20/2007RECEIVED - aple's brief
03/23/2007 On consideration of appellee's motion for an extension of time within which to file the brief, to which no opposition has been filed, and the lodged brief, it is ORDERED that appellee's motion is granted and the lodged brief is filed. It is FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (By: GP)
03/23/2007APPELLEE'S BRIEF
03/23/2007BRIEFS COMPLETED
04/10/2007FINAL SCREENING - REGULAR CALENDAR
07/12/2007 It appearing that this appeal is likely to be calendared for argument during the months of October 2007 thru December 2007, it is ORDERED that counsel shall advise this court in writing by August 13, 2007 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
08/01/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/02/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
10/29/2007CALENDAR NOTICE SENT
12/05/2007FiledACTION - Argued / Submitted
12/05/2007ARGUED before Judges Glickman, Blackburne-Rigsby, Steadman A. Kevin Fahey, Esq. for Appellant Donald L. Dworsky, Esq. for Appellant Steven E. Swaney, Esq. for Appellee
01/16/2008AFFIRMED MOJ (Glickman, Blackburne-Rigsby, Steadman)
01/28/2008APLT MO TO EXTEND TIME TO FL PETITION FOR REH/EB for 60 days (unopposed)
01/30/2008CJA ATTORNEY'S QUALLS LETTER
01/31/2008ORD GRT APLT MO TO EXT TIME TO FILE PET FOR REH EB on or before March 28, 2008. (WH) (of Stout)
04/02/2008MANDATE ISSUED