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United States Court Cases

District Of Columbia Court Of Appeals Record

BASILLO BENITEZ V. UNITED STATES

Case Information: 05-CF-1551
Short Caption:BASILLO BENITEZ V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Lead: 05-CF-1507 Consolidated:05-CF-1551
Superior Court or Agency Case Number:FEL7539-04Filed Date:12/28/2005

Opening Event Date:12/28/2005Case Status:Closed
Record Completed:11/06/2006Post-Decision Matter Pending:
Briefs Completed:10/17/2007
Argued/Submitted:06/24/2008
Disposition:Next Scheduled Action:
Mandate Issued:08/11/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantBasillo Benitez Y
Joseph A. VirgilioYY
Deborah A. PersicoNY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Ellen Chubin Epstein YN

Events
Event DateStatusDescriptionResult
12/28/2005NOTICE OF APPEAL
01/19/2006ORDERED, sua sponte, that appeals nos. 05-CF-1507 and 05-CF-1551 are consolidated for all purposes. F/O that Joseph A. Virgilio, Esquire, is hereby appointed to represent appellant Basillo Benitez in appeal no. 05-CF-1551. F/O that counsel for appellant Basillo Benitez shall immediately take the necessary steps to review the rial court record and to ensure that the transcript 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. (GP)
01/19/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Joseph A. Virgilio, Esquire
01/25/2006STATEMENT REGARDING TRANSCRIPT(S) in 05-CF-1507 (Rt ordered/needed (pii))
02/21/2006STATEMENT REGARDING TRANSCRIPT(S) 05CF1551 (RT ordered/needed (pii))
11/06/2006RECORD COPIES in 05-CF-1507.
11/06/2006RECORD INDEX in 05-CF-1507.
11/06/2006RECORD COPIES in 05-CF-1551.
11/06/2006RECORD INDEX in 05-CF-1551.
11/06/2006SUPPLEMENTAL RECORD - #1 (100 pgs/Bremen) 8/24/05 proc.
11/06/2006SUPPLEMENTAL RECORD - #2 (396 pgs/Hawkins) 8/30-31/05 proc.
11/06/2006SUPPLEMENTAL RECORD - #3 (397-583 pgs/Bremen) 9/1/05 proc.
11/06/2006SUPPLEMENTAL RECORD - #4 (366 pgs/Ronan) 9/6-8/05 proc.
11/06/2006SUPPLEMENTAL RECORD - #5 (35 pgs/Hart) 11/28/05 proc.
11/06/2006RECORD COMPLETED
11/08/2006 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellants' briefs and the limited appendixes includling 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)
12/13/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days. (Benitez) no oppo
12/18/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 3/19/07 in 05-CF-1507. no oppo
12/22/2006 On consideration of appellants' unopposed motions for extensions of time within which to file thier briefs, it is ORDERED that the motions are granted, and appellants' briefs and the limited appendices shall be filed on or before March 19, 2007. (GP)
03/19/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until June 18, 2007 (no oppo) (Morales and Benitez)
03/21/2007 On consideration of appellants Carlos Sarmiento-Morales and Basillo Benitez's joint unopposed motion for an extension of time within which to file their briefs and limited appendices, it is ORDERED that the motion is granted and appellants Carlos Sarmiento-Morales and Basillo Benitez's briefs and limited appendices shall be filed on or before June 18, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/21/2007SUPPLEMENTAL RECORD - #6 (3pgs/Tape) 11/28/05 proc.
06/14/2007APPELLANT'S BRIEF (BENITEZ)
06/14/2007APPENDIX - aplt (BENITEZ)
06/18/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 17, 2007 (no oppo) (MORALES)
06/21/2007 On consideration of appellant Carlos Samiento-Morales' motion for an extension of time within which to file the brief and the limited appendix, it is ORDERED that the motion is granted and appellant Carlos Sarmiento-Morales' brief and the limited appendix shall be filed on or before August 17, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
08/17/2007APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD (Morales) w/pleading attached no oppo
08/17/2007APPELLANT'S BRIEF (MORALES)
08/17/2007APPENDIX (MORALES)
08/30/2007 On consideration of the motion of appellant Carols Sarmiento-Morales to supplement the record with the lodged document that was part of the record in the trial court, it is ORDERED that the motion of appellant Carols Sarmiento-Morales is granted and the lodged document will be forwarded to the Appeals Coordinator's Office for transmittal to this court as a supplemental record. (GP)
09/07/2007SUPPLEMENTAL RECORD - #7 (pleadings filed in Sup Crt)
09/11/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/17/07. no oppo
09/17/2007 On consideration of appellee's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before October 17, 2007. (GP)
10/17/2007APPELLEE'S BRIEF
10/17/2007BRIEFS COMPLETED
12/07/2007FINAL SCREENING - REGULAR CALENDAR
12/13/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to compel trial counsel to turn over trial files to aplt counsel (Benitez)(unopposed)
01/11/2008ORDERED that appellant Basillo Benitez's motion is denied as moot. (ETW)
01/31/2008 It appearing that this appeal is likely to be calendared for argument during the months of April 2008 thru June 2008, it is ORDERED that counsel shall advise this court in writing by February 19, 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
02/07/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/14/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
02/21/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/11/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/26/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
04/29/2008CALENDAR NOTICE SENT
05/29/2008APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo (Sarmiento-Morales)
05/29/2008RECEIVED - aplt's reply brief.
06/03/2008ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief is filed. (GP)
06/03/2008APPELLANT'S REPLY BRIEF (Sarmiento-Morales)
06/16/2008APPEARANCE of Deborah A. Persico as pro bono counsel for aplt Benitez.
06/16/2008APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo (Benitez)
06/16/2008RECEIVED - aplt Benitez reply brief.
06/18/2008On consideration of appellant Benitz's unopposed motion for leave to file the lodged reply brief, and it appearing that this matter is scheduled on the regular calendar of June 24, 2008, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted, the lodged reply brief is filed. (GP)
06/18/2008APPELLANT'S REPLY BRIEF (Benitez)
06/20/2008CERTIFICATE PER RULE 28
06/24/2008FiledACTION - Argued / Submitted
06/24/2008ARGUED before Judges Ruiz, Farrell, King Jonathan W. Anderson, Esq. for appellants Ellen Chubin Epstein Esq. for appellee
07/17/2008AFFIRMED IN PART/REVERSED IN PART MOJ (Ruiz, Farrell, King) reversing the conviction for attempted robbery of appellant Sarmiento-Morales and in all other respects affirming the judgments of conviction as to both appellants.
07/22/2008CJA ATTORNEY'S QUALLS LETTER
08/11/2008MANDATE ISSUED
09/23/2008NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
10/16/2008NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI