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United States Court Cases

District Of Columbia Court Of Appeals Record

CARLOS O. GUTIERREZ V. UNITED STATES

Case Information: 06-CO-1525
Short Caption:CARLOS O. GUTIERREZ V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Superior Court or Agency Case Number:FEL6990-02Filed Date:11/28/2006

Opening Event Date:11/28/2006Case Status:Closed
Record Completed:04/26/2007Post-Decision Matter Pending:
Briefs Completed:11/19/2007
Argued/Submitted:09/19/2008
Disposition:Next Scheduled Action:
Mandate Issued:10/31/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantCarlos O. Gutierrez YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Robert C. Bowman NN
James E. Smith YN

Events
Event DateStatusDescriptionResult
11/28/2006NOTICE OF APPEAL
01/19/2007 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, and it further appearing that no transcript is needed for this appeal, it is ORDERED that Jeffrey Light, 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 (b)(3))A). (By: GP)
01/19/2007APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Jeffrey Light, Esquire
04/26/2007RECORD INDEX
04/26/2007RECORD COPIES
04/26/2007RECORD COMPLETED
05/01/2007 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)
06/13/2007COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
06/18/2007ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the appointment of Jeffrey L. Light, Esquire, is hereby vacated and Willima Morrison, Esquire, is appointed to represent appellant herein. Jeffrey L. Light, Esquire, sahll transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. It is FURTHER 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. (By: ETW)
06/18/2007APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) William Morrison, Esquire
08/02/2007 On consideration of this court's order of June 18, 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)
08/27/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 30 days
09/05/2007 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. (By: GP)
09/14/2007APPELLANT'S BRIEF
09/14/2007APPENDIX
10/10/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days, to November 19, 2007 (no oppo).
10/26/2007 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 November 19, 2007. (By: GP)
11/19/2007APPELLEE'S BRIEF
11/19/2007BRIEFS COMPLETED
12/10/2007FINAL SCREENING - REGULAR CALENDAR
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
03/26/2008SUPPLEMENTAL RECORD #1 (Superior Court filings and docket)(2 copies)
07/25/2008CALENDAR NOTICE SENT
09/10/2008MEMORANDUM - Atty Smith will argue in place of Atty Bowman on behalf of aple.
09/16/2008CERTIFICATE PER RULE 28 - Appellee
09/19/2008FiledACTION - Argued / Submitted
09/19/2008ARGUED before Chief Judge Washington, Blackburne-Rigsby, Farrell William T. Morrison, Esq. for Appellant James E. Smith, Esq. for Appellee
10/09/2008AFFIRMED MOJ (Washington, Blackburne-Rigsby, Farrell)
10/16/2008CJA ATTORNEY'S QUALLS LETTER
10/31/2008MANDATE ISSUED