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United States Court Cases

District Of Columbia Court Of Appeals Record

DWAYNE M. CABELL V. UNITED STATES

Case Information: 06-CM-0201
Short Caption:DWAYNE M. CABELL V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Assault Related
Superior Court or Agency Case Number:CMD11952-05Filed Date:01/31/2006

Opening Event Date:01/31/2006Case Status:Closed
Record Completed:05/25/2006Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:12/21/2006
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDwayne M. Cabell Y
Glen Franklin Koontz YN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Lynn C. MattucciNN

Events
Event DateStatusDescriptionResult
01/31/2006NOTICE OF APPEAL
03/16/2006 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Glen F. Koontz, 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)
03/16/2006APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Glen F. Koontz, Esquire
04/06/2006STATEMENT REGARDING TRANSCRIPT(S) (rt ordered)dfe
05/25/2006RECORD INDEX
05/25/2006RECORD COPIES
05/25/2006SUPPLEMENTAL RECORD - #1 (72pgs/Tape) 1/23/06 proc.
05/25/2006RECORD COMPLETED
05/31/2006 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)
07/06/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 45 days
07/13/2006 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 August 24, 2006. (By: GP)
08/23/2006APPELLANT'S BRIEF
08/23/2006APPENDIX
09/27/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 11/9/06
10/16/2006 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 9, 2006. (By: GP)
11/09/2006APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE
11/13/2006TMC - motion for summary affirmance
11/28/2006 ORDERED that the MOTION FOR SUMMARY AFFIRMANCE is GRANTED since this appeal challenges the credibility determinations made by the trial judge and any factual findings anchored in credibility assessments derived from personal observations of the witness is beyond appellate reversal unless those factual findings are clearly erroneous, and we do not find any such error in this case. Hill v. United States, 664 A.2d 347, 353 (d.C. 1995); See Patton v. United States, 633 A.2d 800, 820 (D.C. 1993). It is *****MORE*****
11/28/2006 FURTHER ORDERED and ADJUDGED that the judgment of conviction appeal be, and HEREBY IS AFFIRMED. (RZGLNE)
12/21/2006MANDATE ISSUED