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United States Court Cases

District Of Columbia Court Of Appeals Record

NANCY W. ADEYEMI V. UNITED STATES

Case Information: 07-CM-0845
Short Caption:NANCY W. ADEYEMI V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Other Misdemeanor
Superior Court or Agency Case Number:CMD28812-06Filed Date:07/25/2007

Opening Event Date:07/25/2007Case Status:Closed
Record Completed:06/18/2008Post-Decision Matter Pending:
Briefs Completed:03/15/2010
Argued/Submitted:09/15/2010
Disposition:Next Scheduled Action:
Mandate Issued:10/18/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantNancy W. Adeyemi Y
William P. FarleyYN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Jay Apperson YN

Events
Event DateStatusDescriptionResult
12/23/1971error (reuse pls)
07/25/2007NOTICE OF APPEAL
08/16/2007 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that William Farley, 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)
08/16/2007APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) William Farley, Esquire
08/22/2007STATEMENT REGARDING TRANSCRIPT(S) (rt ordered)07CM845 dfe
08/24/2007ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 07-CM-845 and 07-CM-881 for all purposes. It is FURTHER ORDERED that Gregory Cotter, Esquire, is hereby appointed to represent appellant in appeal no. 07-CM-881. It is FURTHER ORDERED that counsel for appellant in appeal no. 07-CM-881 shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to appeal no. 07-CM-881 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 appeal no. 07-CM-881. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must adivse the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal. (By: GP)
09/14/2007ORDER, SUA SPONTE, CONSOLIDATING APPEAL no. 07-CM-971 with previously consolidated appeals nos. 07-CM-845 and 07-CM-881. It is FURTHER ORDERED that Robert LaBelle, Esquire, is hereby appointed to represent appellant in appeal no. 07-CM-971. It is FURTHER ORDERED that counsel for appellant in appeal no. 07-CM-971 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 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. (By: GP)
09/17/2007STATEMENT REGARDING TRANSCRIPT(S) (07CM971) (rt ordered)dfe
09/25/2007MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT (in 07-CM-881) (no oppo)
09/25/2007RECEIVED - Appellant's Statement Regarding Transcript (07-CM-881)
09/27/2007 On consideration of appellant's motion for leave to file the lodged statement regarding transcript for appeal no. 07-CM-881, it is ORDERED that appellant's motion is granted and the lodged statement regarding transcript is filed for appeal no. 07-CM-881. (By: GP)
09/27/2007STATEMENT REGARDING TRANSCRIPT(S) (rt ordered)dfe (07-CM-881)
06/18/2008RECORD INDEX (07CM845)
06/18/2008RECORD COPIES (07CM845)
06/18/2008SUPPLEMENTAL RECORD - #1 (4pgs/Tape) 12/29/06 proc.
06/18/2008SUPPLEMENTAL RECORD - #2 (4pgs/Tape) 1/17/07 proc.
06/18/2008SUPPLEMENTAL RECORD - #3 (10pgs/Tape) 2/5/07 proc.
06/18/2008SUPPLEMENTAL RECORD - #4 (48pgs/Tape) 5/15/07 proc.
06/18/2008SUPPLEMENTAL RECORD - #5 (186pgs/Tape) 7/12/07 proc.
06/18/2008SUPPLEMENTAL RECORD - #6 (153pgs/Tape) 7/13/07 proc.
06/18/2008SUPPLEMENTAL RECORD - #7 (95pgs/Tape) 7/18/07 proc.
06/18/2008SUPPLEMENTAL RECORD - #8 (38pgs/Tape) 7/19/07 proc.
06/18/2008RECORD COMPLETED
12/31/2008 It appearing that the complete records on appeal have been filed with this court, it is ORDERED that appellants' briefs and the limited appendices including the documents requiredby 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)
02/09/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 3/6/09. (Motley) no oppo
02/09/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 3/6/09. (Adeyemi) no oppo
02/25/2009 On consideration of appellant's motions for extensions of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motions are granted and appellants' brief and the limited appendixes, in appeals no.s 07-CM-845 and 07-CM-971, shall be filed on or before March 6, 2009. It is FURTHER ORDERED that counsel for appellant in appeal no. 08-CM-881 shall within 15 days from the date of this order submit the brief and the limited appendix, 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. (By: GP)
03/06/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo (for all appellants)dfe ( Adeyemi) to 4/6/09
03/16/2009RECORD INDEX (07CM881)
03/16/2009RECORD COPIES (07CM881)
03/16/2009RECORD INDEX (07CM971)
03/16/2009RECORD COPIES (07CM971)
03/26/2009 On consideration of appellants' 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 appellants' briefs and the limited appendixes shall be filed on or before April 6, 2009. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
04/06/2009APPELLANT'S BRIEF (Motley)
04/06/2009APPENDIX (attached to brief) (Motley)
04/06/2009APPELLANT'S BRIEF (Adeyemi)
04/06/2009APPENDIX (Adeyemi)
04/28/2009 On consideration of this court's order of March 26, 2009, granting appellants' motion for an extension of time to file the briefs and limited appendixes on or before April 6, 2009, and it appearing that the brief and limited appendix of Marsheila A. Davis have not been filed, it is ORDERED that counsel for appellant Marsheila A. Davis shall within 20 days from the date of this order submit the brief and limited appendix, accompanied by a motion for leave to file the documents out of time. The motion shall 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)
05/27/2009 On consideration of this court's order of April 28, 2009, which directed appellant Marsheila A. Davis to submit the brief and the limited appendix w/in 20 days, accompanied by a motion for leave to file out of time, and it appearing that the brief and the limited appendix have not been filed, it is ORDERED that counsel for appellant Davis shall w/in 15 days from the date of this order, submit the brief and the limited appendix, accompanied by a motion for leave to file the documents out of time. The motion shall 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. (ETW)
06/16/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Davis) to 10/26/09 no oppo
06/24/2009ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF for appeal no. 07-CM-881 and appellant's brief and the limited appendix in appeal no. 07-CM-881 shall be filed on or before October 26, 2009. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
09/18/2009 On consideration of counsel's numerous motions for extensions of time in these appeals and it appearing that orders directing briefs have been previously ignored and that counsel has been directed by this court to file these briefs, and this court's commitment to seeing that appeals are resolved in a timely manner and it further appearing that briefs are due in the following appeals: nos. 07-CF-671, McNeil v. U.S., briefing was directed in February 2009 and numerous extensions requested and granted and the brief is currently due to be filed no later than September 28, 2009; no. 07-CM-881, Davis v. U.S., briefing was directed in June 2008 and after numerous extensions the brief is currently due to be filed on or before October 26, 2009; no. 07-CF-1228, Smith v. U.S., briefing directed in November 2008, and after the issuance of numerous orders and the granting of extensions this brief was due to be filed no later than August 17, 2009, and counsel has failed to file either a brief or motion; no. 08-CO-394, Davis v U.S., briefing was directed in April 2009 and after the numerous extensions the brief is currently due on or before December 14, 2009; no. 08-CF-680, Foreman v U.S., brief was directed in June 2009 and counsel has filed this current motion for an extension of time until February 28, 2010; no. 08-CM-776, Cheeks v U.S., briefing was directed in January 2009 and the last extension that was granted by this court directed the brief to be filed no later than November 16, 2009, no. 08-CM-795, Robinson v U.S., and briefing was directed in May 2009 and counsel has now filed a motion for an extension of time until January 25, 2010; no. 08-CM-1556, Anderson v U.S., briefing was directed in April 2009 and counsel has filed a motion for an extension of time until December 1, 2009; and no. 09-CM-80, Roach v. U.S. no. 09-CM-80, briefing was directed in April 2009 and counsel has filed a motion for an extension of time until January 4, 2010, it is ORDERED that counsel shall file the brief in appeal 07-CF-681 no later than September 28, 2009, or show cause why he should not be held in contempt of court. It is F/O that counsel shall file the brief in appeal 07-CM-881 no later than October 26, 2009, or show cause why he should not be held in contempt of court. It is F/O that counsel shall file the overdue brief in appeal 07-CF-1228 that was directed to be filed no later than August 17, 2009, and where counsel has failed to comply with the order or ask for an extension, no later than November 2, 2009, or show cause why he should not be held in contempt of court. It is F/O that counsel shall file the brief in appeal 08-CO-394 no later than December 14, 2009, or show cause why he should not be held in contempt of court. It is F/O that counsel shall file the brief in appeal 08-CM-776 no later than November 30, 2009, or show cause why he should not be held in contempt of court. It is F/O that the motion for an extension of time filed in appeal no. 08-CF-680 is granted and counsel shall file the brief no later than February 26, 2010, or show cause why he should not be held in contempt of court. It is F/O that the motion for an extension of time filed in appeal no. 08-CM-795 is granted and counsel shall file the brief no later than January 25, 2010, or show cause why he should not be held in contempt of court. It is F/O that the motion for an extension of time filed in appeal no. 08-CM-1556 is granted and counsel shall file the brief no later than December 1, 2009, or show cause why he should not be held in contempt of court. It is F/O that the motion for an extension of time filed in appeal no. 09-CF-80 is granted and counsel shall file the brief no later than January 4, 2010, or show cause why he should not be held in contempt of court. It is F/O that in light of the numerous extensions of time and orders entered in these above appeals, this court expects that no additional motions for extensions of time will be filed and that the briefs shall be filed according to the above schedule that complies, in most instances, to the request of counsel. (ETW)
10/30/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until November 3, 2009 (Davis) (no oppo)
11/03/2009RECEIVED - aplt's brief (Davis)
11/03/2009RECEIVED - appdx (attached to brief) (Davis)
11/05/2009ORDER GRANTING APLT MOTION FOR an extension of time within which to file the brief and the lodged brief of appellant and limited appendix are filed in appeal no. 07-CM-881. It is FURTHER ORDERED that the brief of appellee shall be filed on or before December 8, 2009. See D.C. App. R. 31. (By: GP)
11/05/2009APPELLANT'S BRIEF/appendix (07-CM-881)
12/04/2009APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 30 days
12/28/2009APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 2/6/10
12/30/2009ORD GRANT APLE MOTIONS for extensions of time within which to file the brief and the brief shall be filed on or before February 8, 2010. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
02/08/2010APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until February 18, 2010 (unopposed)
02/18/2010APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to reverse judgement in 07CM881 no oppo
02/18/2010RECEIVED- aple's brief (for 07CM845)
02/18/2010APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to reverse judgement in 07CM971 no oppo
03/09/2010APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF no oppo 4/9/10 (Adeyemi)
03/15/2010ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the Clerk shall file the lodged brief in appeal no. 07-CM-845. It is FURTHER ORDERED that appellant's unopposed motion for an extension of time within which to file the reply brief in appeal no. 07-CM-845 is granted and the reply brief shall be filed on or before April 9, 2010. It is FURTHER ORDERED that appeal no. 07-CM-845 shall be scheduled for consideration before a merits division as soon as the calendar permits. It is FURTHER ORDERED that appeal no. 07-CM-845 is hereby severed from appeals nos. 07-Cm-881 and 07-CM-971. It is FURTHER ORDERED that appellee's motions to reverse are granted and the judgments in appeals nos. 07-CM-881 and 07-CM-971 are hereby vacated and the cases are remanded to the Superior Court for further proceedings consistent with the statements made in appellee's motions. It is FURTHER ORDERED the Clerk shall issue the mandate forthwith in appeals nos. 07-CM-881 and 07-CM-971. (By: ETW)
03/15/2010APPELLEE'S BRIEF
03/15/2010BRIEFS COMPLETED
04/09/2010APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF until 4/19/10 (Adeyemi)(unopposed)
04/20/2010RECEIVED - aplt's reply brief
04/27/2010 On consideration of appellant's motion for an extension of time within which to file the reply brief, and the lodged reply brief, it is ORDERED that the motion is granted and the lodged reply brief is filed. (By: GP)
04/27/2010APPELLANT'S REPLY BRIEF
05/07/2010FINAL SCREENING - SUMMARY CALENDAR I
08/03/2010CALENDAR NOTICE SENT
09/15/2010FiledACTION - Argued / Submitted
09/15/2010SUBMITTED to Judges Kramer, Newman, Belson
09/27/2010AFFIRMED MOJ (Kramer, Newman, Belson)
10/18/2010MANDATE ISSUED