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United States Court Cases

District Of Columbia Court Of Appeals Record

JOSEPH S. SMITH V. UNITED STATES

Case Information: 05-CM-1519
Short Caption:JOSEPH S. SMITH V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Domestic Violence
Superior Court or Agency Case Number:DVM2486-05Filed Date:12/22/2005

Opening Event Date:12/22/2005Case Status:Closed
Record Completed:11/02/2006Post-Decision Matter Pending:
Briefs Completed:05/17/2007
Argued/Submitted:02/15/2008
Disposition:Next Scheduled Action:
Mandate Issued:05/27/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJoseph S. Smith Y
R. Michael LaBelleYN
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
12/22/2005NOTICE OF APPEAL
01/09/2006 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that R. Michael LaBelle, 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)
01/26/2006STATEMENT REGARDING TRANSCRIPT(S) (rt ordered)dfe
04/04/2006RECORD INDEX
04/04/2006RECORD COPIES
04/04/2006SUPPLEMENTAL RECORD #1 (56 pgs/Tape - 10/26/05 proc.)
04/04/2006SUPPLEMENTAL RECORD #2 (25 pgs/Tape - 10/27/05 proc.)
04/04/2006SUPPLEMENTAL RECORD #3 (4 pgs/Tape - 11/18/05 proc.)
04/04/2006SUPPLEMENTAL RECORD #4 (23 pgs/Tape - 12/9/05 proc.)
04/10/2006 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. (By: GP)
05/19/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 40 days after receipt of transcript (no oppo)
05/25/2006 On consideration of appellant's motion for an extension of time within which to file the brief, wherein appellant indicate(s) that transcript is being prepared, it is ORDERED that the motion is granted, and the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days thereof of appellant's receipt of the ordered transcript. (By: GP)
06/26/2006SUPPLEMENTAL RECORD - #5 (15pgs/Tape) 10/25/05 proc.
07/03/2006 On consideration of this court's order of May 25 ,2006, wherein appellant was directed to file the brief within 40 days from the date the transcript is filed with this court, and it appearing that the transcript has been filed, it is ORDERED that counsel for appellant shall file the brief and limited appendix within 40 days from the date of this order. (dfe)
08/28/2006 On consideration of this court's order of July 3, 2006, directing counsel for appellant to file the brief, and the limited appendix, within 40 days and it appearing that the brief and the limited 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)
09/15/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 40 days (no oppo)
09/19/2006 On consideration of appellant's motion for an extension of time within which to file the brief, wherein appellant indicate(s) that transcript is being prepared, it is ORDERED that the motion is granted, and the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days thereof of appellant's receipt of the ordered transcript. (By: GP)
11/02/2006RECORD COMPLETED
11/02/2006SUPPLEMENTAL RECORD - #6 (46pgs/Tape) 10/19/05 proc.
11/02/2006SUPPLEMENTAL RECORD - #7 (42pgs/Tape) 10/26/05 proc.
11/08/2006 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)
12/15/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 47 days. no oppo
01/03/2007 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 February 6, 2007. (By: GP)
02/06/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until March 13, 2006 (no oppo)
02/12/2007 On consideration of appellant's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and appellant's brief and the limited appendix shall be filed on or before March 13, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/13/2007APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD w/cassette tape (attached) (no oppo)
03/13/2007APPELLANT'S BRIEF
03/13/2007APPENDIX
03/15/2007 On consideration of the unopposed motion of appellant to supplement the record with the lodged tape that was part of the record in the trial court, it is ORDERED that the motion is granted and the lodged tape will be forwarded to the Appeals Coordinator's Office for transmittal to this court as a supplemental record. It is FURTHER ORDERED that the brief of appellee remains due on or before April 17, 2007. (By: GP)
03/22/2007SUPPLEMENTAL RECORD - #8 (Exhibit -911 tape recordings)
04/06/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/17/07
04/24/2007 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 May 17, 2007. (By: GP)
05/17/2007APPELLEE'S BRIEF
05/17/2007BRIEFS COMPLETED
09/13/2007FINAL SCREENING - REGULAR CALENDAR
10/18/2007 It appearing that this appeal is likely to be calendared for argument during the months of January 2008 thru March 2008, it is ORDERED that counsel shall advise this court in writing by November 21, 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
10/29/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/20/2007CALENDAR NOTICE SENT
12/28/2007APPELLANT'S MOTION TO POSTPONE/CONTINUE ARGUMENT no oppo
01/23/2008On consideration of appellant's unopposed motion to re-set oral argument, and it appearing that this matter is scheduled on the Regular Calendar of February 7, 2008, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted and this matter is removed from the calendar of February 7, 2008, and reset for argument on February 15, 2008, at 9:30 a.m. The parties shall be present in the courtroom of the District of Columbia Court of appeals at 9:20 a.m. on that date. (GP)
02/13/2008CERTIFICATE PER RULE 28
02/15/2008FiledACTION - Argued / Submitted
02/15/2008ARGUED before Ruiz,Blackburne-Rigsby,Pryor. R.Michael Labelle for appellant Joseph S.Smith. Mary Chris Dobbie for appellee.
05/01/2008AFFIRMED Opinion (Ruiz, Blackburne-Rigsby, Pryor) and Judgment affirming the judgment of conviction.
05/27/2008MANDATE ISSUED