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United States Court Cases

District Of Columbia Court Of Appeals Record

SCOTT LATHAN V. UNITED STATES

Case Information: 05-CM-1398
Short Caption:SCOTT LATHAN V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Drug Related
Superior Court or Agency Case Number:CMD6985-05Filed Date:11/18/2005

Opening Event Date:11/18/2005Case Status:Closed
Record Completed:10/13/2006Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:08/30/2007
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantScott Lathan Y
James W. KleinNY
Samia FamNY
Andrea Roth YN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Patricia A. HeffernanNY
Lisa Hertzer SchertlerNY

Events
Event DateStatusDescriptionResult
07/26/1970error (do not use)
11/18/2005NOTICE OF APPEAL
12/09/2005 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that James W. Klein, Esquire, is hereby appointed to represent appellant in this appeal. It is FURTHER ORDERED that 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 the 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. (By: GP)
12/09/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) James W. Klein, Esquire
12/16/2005STATEMENT REGARDING TRANSCRIPT(S)
10/13/2006RECORD INDEX
10/13/2006RECORD COPIES
10/13/2006SUPPLEMENTAL RECORD - #1 (146pgs/Tape) 10/21/05 proc.
10/13/2006RECORD COMPLETED
10/19/2006 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)
11/20/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 90 days (no oppo)
12/01/2006 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 February 26, 2007. (By: GP)
02/26/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 60 days (no oppo)
03/15/2007 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 April 27, 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)
04/18/2007APPELLANT'S MOTION FOR SUMMARY REVERSAL
04/19/2007TMC - motion for summary reversal (IN ABEYANCE) - second motion for reversal & to lift stay - appellee's response - appellant's reply
04/26/2007APPELLEE'S OPPOSITION - to aplt's motion for summary reversal and REQUEST THAT APPEAL BE HELD IN ABEYANCE pending court's resolution of Robert Howard v. U.S.
05/01/2007 ORDERED that appellee's MOTION TO HOLD THIS APPEAL IN ABEYANCE is GRANTED to the EXTENT that appellant's MOTION for SUMMARY REVERSAL and the opposition thereto is HEREBY HELD IN ABEYANCE pending resolution of the petition for rehearing/rehearing en banc in Howard v. U.S., NO. 05-CM-221. (BY: ETW) lw
05/29/2007APPELLANT'S MOTION FOR SUMMARY REVERSAL and lift abeyance. ****MOTION TO LIFT ABEYANCE GRANTED 6/19/07
06/05/2007APPELLEE'S ANSWER/RESPONSE - to aplt's motion to lift abeyance and for summary reversal
06/08/2007APPELLANT'S REPLY - aple's opposition to lift abeyance and for summary reversal
06/19/2007 ORDERED, SS, that THESE APPEALS are HEREBY CONSOLIDATED for all purposes herein. It is *****MORE*****
06/19/2007 FURTHER ORDERED that appellants' MOTIONS TO LIFT the stays are granted. It is *****MORE*****
06/19/2007 FURTHER ORDERED that appellants' MOTIONS FOR SUMMARY REVERSAL are DENIED. It is *****MORE*****
06/19/2007 FURTHER ORDERED that THESE APPEALS are HEREBY EXPEDITED and SHALL BE PLACED ON THE SEPTEMBER 2007 CALENDAR. It is *****MORE*****
06/19/2007 FURTHER ORDERED that the briefs and the limited appendix of appellants, as required by D.C. App. R. 31(f), shall be filed no later than July 16, 2007. Appelee's briefs shall be filed no later than August 16, 2007, and any replies shall be due no latyer than 10 days thereafter. The court expects all briefs to specifically address whether the trial court, on remand, could enter judgment on the lesser included attempt charge under the facts of each individual case. As these date have been set to accommodate placing these consolidated appeals on the September 2007 calendar, any request for extension of time will be looked upon with disfavor. See D.C. App. R. 30 & R. 31. (RDGLTE)
06/20/2007LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING Klein McLeese ********SEPTEMBER Calendar
07/16/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until July 20, 2007 (no oppo) (Fields)
07/16/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until July 20, 2007 (no oppo) (Lathan)
07/18/2007RECEIVED - aplt Fields brief w/appendix.
07/20/2007RECEIVED - Aplt Lathan's Brief and Limited Appendix
07/26/2007ORD GRANT APLT MOTIONS to extend time to file the brief and the limited appendix and the lodged briefs of appellants and the limited appendixes are filed. It is FURTHER ORDERED that the briefs of appelle shall be filed on or before August 16, 2007. (By: GP)
07/26/2007APPELLANT'S BRIEF (05-CM-1398)
07/26/2007APPENDIX (05-CM-1398)
07/26/2007APPELLANT'S BRIEF and limited appendix (06-CF-894)
07/30/2007CALENDAR NOTICE SENT
08/10/2007APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION to vacate conviction and remand for dismissal of information no oppo
08/15/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 1 week in 06-CF-894. no oppo no oppo
08/23/2007RECEIVED - aple's brief 06cf894
08/29/2007On consideration of appellee's unopposed motion to vacate the conviction in appeal no. 05-CM-1398 and remand for dismissal on information, and appellee's unopposed motion for an extension of time to file the brief, and it appearing that these matters are scheduled on the Regular Calendar of September 28, 2007, and the lodged brief of appellee, it is ORDERED that, in appeal no. 05-CM-1398, appellee's motion to vacate teh conviction is granted, and the judgment on appeal is hereby vacated, and the case is remanded to the trial court for dismissal of the information. It is FURTHER ORDERED that the Clerk shall issue the mandate forthwith in appeal no. 05-CM-1398. It is FURTHER ORDERED that appeals nos. 05-CM-1398 and 06-CF-894 are hereby severed. It is (MORE)
08/29/2007FURTHER ORDERED that appellee's motion for an extension of time to file the brief is granted and the Clerk shall file the lodged brief of appellee. It is FURTHER ORDERED that appeal no. 06-CF-894 shall remain on the Regular Calendar of September 28, 2007. (GP)
08/29/2007APPELLEE'S BRIEF (No. 06-CF-894)
08/29/2007DISMISSED
08/30/2007MANDATE ISSUED