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United States Court Cases

District Of Columbia Court Of Appeals Record

DEREK M. KITTRELL V. UNITED STATES

Case Information: 04-CM-0280
Short Caption:DEREK M. KITTRELL V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Assault Related
Superior Court or Agency Case Number:CMD10152-03Filed Date:03/18/2004

Opening Event Date:03/18/2004Case Status:Closed
Record Completed:02/22/2007Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:12/27/2007
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDerek M. Kittrell YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Bernard J. Delia NN

Events
Event DateStatusDescriptionResult
03/18/2004NOTICE OF APPEAL
04/07/2004APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Enid Hinkes, Esquire
04/09/2004 On consideration of the notice of appeal, it is 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 had initially 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)
04/23/2004STATEMENT REGARDING TRANSCRIPT(S) (rt needed)dfe
11/04/2004RECORD INDEX
11/04/2004RECORD COPIES
11/04/2004SUPPLEMENTAL RECORD - #1 (193pgs/Calhoun) 2/18-19/03 proc.
11/04/2004SUPPLEMENTAL RECORD - #2 (94pgs/Wray) 2/13/04 proc.
11/04/2004SUPPLEMENTAL RECORD - #3 (121pgs/Griffin) 2/17/04 proc.
11/04/2004RECORD COMPLETED
11/09/2004 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, as 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. 30, 31. (GP)
12/14/2004APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until January 18, 2005 (no oppo)
12/20/2004 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 January 18, 2005. (By: GP)
01/13/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 40 days after completion of transcript (no oppo)
01/13/2005RECEIVED - copy of motion for appeal transcript
03/02/2005 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 and the limited appendix 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)
07/22/2005SUPPLEMENTAL RECORD - #4 (16pgs/Hawkins) 2/19/04 proc.
07/29/2005 On consideration of this court's order of March 2, 2005, 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 all transcripts have been filed with this court, it is ORDERED that counsel for appellant shall file the brief and the limited appendix 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. 30. (By: GP)
09/07/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until October 23, 2005 (no oppo)
09/14/2005 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 October 24, 2005. (By: GP)
10/25/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until November 22, 2005 (no oppo)
11/04/2005 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 22, 2005. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP) elp
11/28/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF fro 30 days (no oppo) (until completion of transcripts)dfe
01/12/2006 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)
03/01/2006RECEIVED: Copy of a letter from Central Recording to atty E. Hinkes, notifying that due to equipment malfunction, audio of the proceeding held on 11/21/03, in courtroom C10 is not available for transcription.
02/22/2007RECORD COMPLETED
02/22/2007SUPPLEMENTAL RECORD - #5 (6pgs/Tape) 12/17/03 proc.
06/25/2007 On consideration of this court's order of January 12, 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, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (By: GP)
08/02/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 20 days. no oppo
08/07/2007 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 August 24, 2007. (By: GP)
08/21/2007APPELLANT'S BRIEF
08/21/2007APPENDIX
09/24/2007APPELLEE'S MOTION FOR SUMMARY AFFIRMANCE
09/25/2007TMC - motion for summary affirmance - appellant's brief
10/16/2007 ORDERED that appellee's MOTION FOR SUMMARY AFFIRIMANCE IS GRANTED. See Shepherd v. U.S., 905 A.2d 260 (D.C. 2006) and Mills v. U.S., 599 A.2d 775, 780 (D.C. 1991) (when the defense presents evidence, we consider the entire record, and not merely the evidence presented by the prosecution, in determining the sufficiency of proof). It is *****MORE*****
10/16/2007 FURTHER ORDERED and ADJUDGED that the judgment on appeal be, and HEREBY IS AFFIRMED. (RDKRNE)
10/30/2007APPELLANT'S PETITION FOR REHEARING
12/18/2007ORDER DENYING APPELLANT'S PETITION FOR REHEARING (RD,KR,NE)
12/27/2007MANDATE ISSUED
12/27/2007CJA ATTORNEY'S QUALLS LETTER