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United States Court Cases

District Of Columbia Court Of Appeals Record

MARLON HAIGHT V. UNITED STATES

Case Information: 05-CF-0326
Short Caption:MARLON HAIGHT V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Superior Court or Agency Case Number:FEL6415-01Filed Date:03/28/2005

Opening Event Date:03/28/2005Case Status:Closed
Record Completed:07/20/2006Post-Decision Matter Pending:
Briefs Completed:05/16/2007
Argued/Submitted:02/07/2008
Disposition:Next Scheduled Action:
Mandate Issued:10/02/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMarlon Haight Y
John A. Briley, Jr.YN
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
03/28/2005NOTICE OF APPEAL
04/14/2005 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Kenneth Auerbach, 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. (GP)
04/14/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth Auerbach, Esquire
05/13/2005ORDERED, sua sponte,that the appointment of Kenneth D. Auerbach, Esquire, is hereby vacated, and John A. Briley, Jr., Esquire, is appointed to represent appellant herein. Kenneth D. Auerbach, Esquire shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O 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 tanscript 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. (AMW)
05/13/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) John A. Briley, Jr., Esquire
06/13/2005STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
05/04/2006RECEIVED pro se request for appointment of new counsel.
05/09/2006LETTER referring to counsel for appellant the May 4 pro se motion for appointment of new counsel and directing counsel to respond within 20 days. (JAC)
05/30/2006LETTER from counsel for respondent regarding the May 9, 2006, letter from the Chief Deputy Clerk, requesting permission to furnish a final reply no later than June 16, 2006.
06/15/2006RECORD INDEX
06/15/2006RECORD COPIES
06/21/2006RECEIVED letter from counsel for appellant in response to this court's letter of May 9 informing the court that he and appellant have reached an agreement that he will continue as counsel.
07/19/2006SUPPLEMENTAL RECORD - #1 (81 pgs/Coney) 9/30/03 proc.
07/20/2006SUPPLEMENTAL RECORD - #2 (82 pgs/tape) 10/1-3/03 proc.
07/20/2006SUPPLEMENTAL RECORD - #3 (68 pgs/Swaringer) 10/3/03 proc.
07/20/2006SUPPLEMENTAL RECORD - #4 (238 pgs/tape) 10/6-7/03 proc.
07/20/2006RECORD COMPLETED
08/25/2006 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)
10/04/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to to 40 days. no oppo
10/11/2006 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 November 13, 2006. (GP)
11/13/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 40 days
11/21/2006 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 December 26, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/04/2007APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF no oppo
01/04/2007RECEIVED - aplt's brief w/appendix.
01/09/2007 On consideration of appellant'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'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 with this court on or before February 8, 2007. (GP)
01/09/2007APPELLANT'S BRIEF
01/09/2007APPENDIX
02/08/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days after rec of transcripts. no oppo
04/17/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
04/24/2007 On consideration of appellee's motions for extensions of time within which to file the brief, to which no oppositions have been filed, it is ORDERED that the motions are granted and appellee's brief shall be filed on or before May 17, 2007. (GP)
05/16/2007APPELLEE'S BRIEF
05/16/2007BRIEFS COMPLETED
05/24/2007SUPPLEMENTAL RECORD - #5 (100 pgs/Van Bremen) 9/9/03 proc.
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
11/20/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/20/2007CALENDAR NOTICE SENT
02/07/2008FiledACTION - Argued / Submitted
02/07/2008ARGUED before Judges Ruiz, Blackburne-Rigsby, Pryor John A. Briley, Esq. for Appellant Bryan Seeley, Esq. for Appellee
07/24/2008AFFIRMED IN PART/REVERSED IN PART MOJ (Ruiz, Blackburne-Rigsby, Pryor) reversing appellant's conviction for AWIKWA, affirming his convictions for PFCV and ADW, yet vacating the sentences for the latter two convictions and remanding the case to the trial judge for new sentencing, and in all other respects AF.
07/31/2008APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 60 days. no oppo
08/05/2008ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before Sept. 29, 2008. (FA)
10/02/2008MANDATE ISSUED
10/06/2008APLT MOTION FOR LEAVE TO FILE PET FOR REH/REH EB
10/06/2008RECEIVED - aplt's pet for reh/reh en banc.
12/12/2008APLT'S PETITION FOR REHEARING/REHEARING EN BANC
12/12/2008ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC and grant aplt's motion for leave to late file the petition and the Clerk is directed to file the lodged petition. (WHRZRDGLKRFIBRTHFAPY) (Judge Fisher is recused from this case. Judge Farrell was an Associate Judge of the court at time of argument. His status changed to Associate Judge, Retired, on July 1, 2008.)