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United States Court Cases

District Of Columbia Court Of Appeals Record

EDEM AKA V. UNITED STATES

Case Information: 05-CF-0298
Short Caption:EDEM AKA V. UNITED STATESClassification:Appeals - Criminal Felony - Robbery Related
Lead:05-CF-0298Consolidated: 06-CO-1424
Superior Court or Agency Case Number:FEL1979-01Filed Date:03/22/2005

Opening Event Date:03/22/2005Case Status:Closed
Record Completed:10/03/2007Post-Decision Matter Pending:
Briefs Completed:03/11/2008
Argued/Submitted:11/20/2008
Disposition:Next Scheduled Action:
Mandate Issued:12/29/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEdem Aka Y
Ian A. WilliamsYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Bernard J. Delia YN

Events
Event DateStatusDescriptionResult
03/22/2005NOTICE OF APPEAL
04/04/2005APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL
04/11/2005ORDERED thatthe motion is granted, and Ian A. Williams, Esquire, is appointed to represent appellant in this appeal. 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 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. (AMW)
04/11/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Ian A. Williams, Esquire
05/04/2005STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
12/18/2006ORDERED, sua sponte, that appeals nos. 05-CF-298 and 06-CO-1424 are consolidated for all purposes. F/O that Ian A Williams, Esquire, is hereby appointed to represent appellant in appeal no. 06-CO-1424 herein. F/O that, in appeal no. 06-CO-1424, 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 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)
12/27/2006RECEIVED courtesy copy of pro se letter to court-appointed counsel regarding lack of communication from counsel.
01/03/2007LETTER referring to counsel for appellant the Dec. 27, 2006, pro se letter received from appellant. (JAC)
01/25/2007 On consideration of this court's order of December 18, 2006, directing counsel for appellant in appeal no. 06-CO-1424 to file the statement regarding transcript within 30 days, and it appearing that the statement regarding transcript has not been filed, it is ORDERED that counsel for appellant shall within 15 days from the date of this order submit the statement regarding transcript in apeal no. 06-CO-1424, 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 document or to request an extension of time within which to do so. (GP)
01/29/2007RECEIVED pro se motion, from Appellant, for replacement of court-appointed counsel.
02/05/2007LETTER referring to counsel for appellant the Jan. 29 pro se motion received from appellant. (JAC)
02/09/2007MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT no oppo (06-CO-1424)
02/09/2007RECEIVED - Statement re transcipt.
02/15/2007 On consideration of appellant's motion for leave to file the lodged statement regarding transcript in appeal no. 06-CO-1424, it is ORDERED that appellant's motion is granted and the lodged statement regarding transcript is filed in appeal no. 06-CO-1424. (GP)
02/15/2007STATEMENT REGARDING TRANSCRIPT(S) for 06-CO-1424 (RT needed/ordered)
02/22/2007RECEIVED pro se letter, from Appellant, requesting an extension of time to resolve matters with court-appointed counsel.
02/22/2007LETTER referring to counsel for appellant the Feb. 22 pro se letter received from appellant. (JAC)
02/28/2007RECEIVED pro se letter from Appellant regarding the withdrawal of court-appointed counsel.
04/17/2007RECEIVED pro se letter from Appellant regarding the inability of court-appointed counsel to represent Appellant properly.
04/18/2007LETTER referring to counsel for appellant the April 17 pro se letter from appellant. (JAC)
06/28/2007RECEIVED courtesy copy of letter, from Appellant, to court-appointed counsel regarding issues to be presented on appeal.
08/03/2007RECEIVED - aplt's motion for an evidentary hearing on appeal (filed by aplt who has counsel)
08/08/2007LETTER referring to counsel for appellant the August 3 pro se letter from appellant. (JAC)
08/21/2007RECEIVED - pro se mot for replacement of counsel.
09/12/2007RECORD COPIES in 05-CF-298.
09/12/2007RECORD INDEX in 05-CF-298.
09/12/2007SUPPLEMENTAL RECORD - #1 (163 pgs/Griffith) 11/3-5/03 proc.
09/14/2007RECEIVED pro se letter, from Appellant, regarding lack of assistance from court-appointed counsel.
09/19/2007LETTER referring to counsel for appellant the Sept. 14 pro se letter from appellant. (JAC)
09/26/2007RECORD INDEX (06CO1424)
09/26/2007RECORD COPIES (06CO1424)
10/03/2007SUPPLEMENTAL RECORD - #2 (7pgs/Tape) 1/27/06 proc.
10/03/2007SUPPLEMENTAL RECORD - #3 (18pgs/Tape) 6/29/06 proc.
10/03/2007RECORD COMPLETED
10/18/2007 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)
10/19/2007RECEIVED client complaint, from Appellant, regarding lack of communication from court- appointed counsel.
10/22/2007LETTER referring to counsel for appellant the Oct. 19 pro se client complaint and motion for reappointment of counsel. (JAC)
12/03/2007 On consideration of this court's order of October 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)
12/04/2007APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF and appendix NO OPPO
12/04/2007RECEIVED - aplt's brief
12/04/2007RECEIVED- aptl's appendix
12/06/2007 On consideration of appellant's unopposed motion for leave to late file the lodged brief and limited appendix, it is ORDERED that appellant's motion is granted and the lodged brief and limited appendix are filed. It is FURTHER ORDERED that the appellee's brief shall be filed on or before January 8, 2008. (GP)
12/06/2007APPELLANT'S BRIEF
12/06/2007APPENDIX
01/04/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 2/8/08 (unopposed) dwm
01/10/2008 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 February 8, 2008. (GP)
02/06/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until March 11, 2008 (no oppo)
02/12/2008 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 March 11, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
03/11/2008APPELLEE'S BRIEF
03/11/2008BRIEFS COMPLETED
03/20/2008FINAL SCREENING - REGULAR CALENDAR
03/26/2008RECEIVED pro se letter, from Appellant, regarding his request, to court-appointed counsel, to withdraw from his appeal.
03/27/2008LETTER referring to counsel for appellant the March 26 pro se letter from appellant. (JAC)
07/11/2008 It appearing that this appeal is likely to be calendared for argument during the months of October 2008 thru December 2008, it is ORDERED that counsel shall advise this court in writing by August 18, 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
07/16/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
08/19/2008RECEIVED pro se letter, from Appellant, regarding court-appointed counsel's refusal to accept prepaid calls from Appellant.
08/20/2008LETTER referring to counsel for appellant the August 19 pro se letter from appellant. (JAC)
09/17/2008RECEIVED pro se correspondence, from Appellant, regarding a request for an Evidentiary Hearing in the Court of Appeals and conflicts with court-appointed counsel.
09/22/2008LETTER referring to counsel for appellant the Sept. 17 pro se pleading from appellant. (JAC)
10/01/2008CALENDAR NOTICE SENT
11/17/2008CHANGE OF ADDRESS RECEIVED from Appellant: Edem Aka #080005189 4NE, #201 Atlanta City Detention Center 254 Peachtree Street, SW Atlanta, GA 30303
11/20/2008FiledACTION - Argued / Submitted
11/20/2008ARGUED before Reid,Blackburne-Rigsby,Pryor. Ian A.Williams Esq.,for appellant Edem Aka. Bernard J.Delia Esq.,for appellee.
12/03/2008AFFIRMED MOJ (Reid, Blackburne-Rigsby, Pryor)
12/09/2008RECEIVED - change of address for aplt Etowah County Jail 827 Forrest Avenue Gadsden, Al 35901
12/29/2008MANDATE ISSUED
01/14/2009LETTER, from Appellant, requesting an extension of time to file petition for rehearing en banc.
01/22/2009ORD GRT APLT MO TO EXT TIME TO FILE PET FOR REH EB on or before February 13, 2009. (WH)
01/27/2009APPELLANT'S PETITION FOR REHEARING EN BANC
02/05/2009APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to supplement the petition for rehearing en banc
03/27/2009LETTER, from Appellant, requesting this court to compel the Appellee to provide Appellant with copies of all oppositions to Appellant's pleadings.
06/03/2009ORDER DENYING APLT PETITION FOR REHEARING EN BANC and grant the motion to supplement the petition. (pro se petition) (WHRZRDGLKRBRTHOB) (Judge Fisher is recused from this case.)