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United States Court Cases

District Of Columbia Court Of Appeals Record

EMMANUEL MUSCHETTE V. UNITED STATES

Case Information: 02-CM-1383
Short Caption:EMMANUEL MUSCHETTE V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Misd. Sex Abuse
Lead:02-CM-1383Consolidated: 03-CO-1408 , 04-CO-0593
Superior Court or Agency Case Number:M5623-02Filed Date:11/25/2002

Opening Event Date:11/25/2002Case Status:Closed
Record Completed:12/07/2004Post-Decision Matter Pending:
Briefs Completed:04/07/2005
Argued/Submitted:11/09/2005
Disposition:Next Scheduled Action:
Mandate Issued:01/26/2006
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEmmanuel Muschette Y
George Anthony Fisher YN
AppelleeUnited StatesN
Vasu B. Muthyala YN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
11/25/2002NOTICE OF APPEAL
01/07/2003APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) George Anthony Fisher, Esquire
01/17/2003APPELLANT'S DOCKETING STATEMENT rt ordered
02/03/2003RECORD ON APPEAL
03/11/2003SUPPLEMENTAL RECORD # 1 (147 pgs--taped) 10/29/02 proc.
03/11/2003RECORD COMPLETED
03/14/2003 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the brief_ of appellant_ shall be filed within 40 days from the date of this order, and the brief_ of appellee_ shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP)
04/23/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/21/03 unopposed
04/29/2003 On consideration of the motion of appellant_ for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before May 21, 2003. (By: GP)
05/21/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF pending 23-110 motion (no oppo) (copy of 23-110 filed in trial court attached.)ta
06/02/2003ORDER: Grant appellant's motion to stay, and this appeal is hereby stayed pending further order of this court. If the motion in the trial court is denied, review of that denial may be sought only by filing a separate notice of appeal, after which the appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322 (D.C. 1989). FO that, while the motion is pending in the trial court, counsel for appellant shall advise this court every 3 months, with the first such report due on September 1, 2003, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. It is FURTHER ORDERED that counsel for appellant shall, within 10 days from the date of this order, file a filed-stamped copy of the D.C. Code 23-110 motion. (By: AMW)
06/16/2003ORDERED: That counsel for appellant shall, within 10 days from the date of this order, file a file-stamped copy of the D.C. Code 23-110 motion. (By: GP)
06/16/2003STATEMENT - Aplt's statement in compliance w/ order dated June 2, 2003 23-110 attached
09/02/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending in trial court)dfe
10/15/2003RECEIVED Copy of order dated October 10, 2003, from Judge Mitchell-Rankin scheduling an evidentiary hearing for appellant.
11/04/2003RECEIVED - order from Judge Mitchell-Rankin date 10/29/03
12/02/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (motion filed in Superior court was denied)dfe
01/07/2004ORDERED, sua sponte, that the stay entered by this court on June 2, 2003, is hereby vacated. (By: AMW)
01/07/2004PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
01/07/2004ORDERED: Sua sponte, that appeals nos. 02-CM-1383 and 03-CO-1408 are consolidated for all purposes herein. It is FURTHER ORDERED that George A. Fisher, Esquire, is hereby appointed to represent appellant in appeal no. 03-CO-1408 herein. It is FURTHER ORDERED that appellant shall file the docketing statement in appeal no. 03-CO-1408 within 10 days from the date of this order. It is FURTHER ORDERED that the Clerk of the Superior Court shall prepare and transmit the record on appeal in appeal no. 03-CO-1408 to this court forthwith. (By: AMW)
01/15/2004APPELLANT'S DOCKETING STATEMENT (03-CO-1408)
02/25/2004RECORD ON APPEAL (03co1408)
03/02/2004SUPPLEMENTAL RECORD - #2 (77pgs/Tape) 11/18-19/03 proc.
06/04/2004APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for a corrected transcript
07/09/2004ORDER, SUA SPONTE, CONSOLIDATING APPEAL no. 04-CO-593 with previously consolidated appeals nos. 02-CM-1383 and 03-CO-1408 for all purposes herein. It is FURTHER ORDERED that George A. Fisher, Esquire, is hereby appointed to represent appellant in appeal no. 04-CO-593 herein. It is FURTHER ORDERED that in appeal no. 04-CO-593, 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 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)
07/15/2004 On consideration of the motion of appellant for an extension of time within which to file the brief, wherein appellant indicate(s) that transcript is being prepared, and it appearing that the record is incomplete in appeal no. 04-CO-593, it is ORDERED that the motion is granted, and the consolidated brief of appellant shall be filed within 40 days from the date the transcript and and the record in appeal no. 04-CO-593 are 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. It is FURTHER ORDERED that, in appeal no. 04-CO-593, the statement regarding transcript remains due to be filed on or before August 9, 2004. (By: GP)
08/12/2004STATEMENT from Appellant re: D.C.C.A. order dated 7/15/04. filed in 02CM1383
12/07/2004RECORD INDEX
12/07/2004RECORD COPIES
12/07/2004SUPPLEMENTAL RECORD - #3 (9pgs/Tape) 4/27/04 proc.
12/07/2004SUPPLEMENTAL RECORD - #4 (62pgs/Williams) 11/18/03 proc.
12/07/2004RECORD COMPLETED
12/09/2004 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief 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)
01/18/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 7, 2005 (no oppo)dwm
01/28/2005 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 shall be filed on or before February 7, 2005. (By: GP)
02/07/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 15, 2005 (no oppo)
02/15/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until February 22, 2005 (no oppo)
02/23/2005RECEIVED - aplt's brief w/ appendix attached to brief
02/23/2005APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file motion for leave to file brief late no oppo
02/23/2005RECEIVED - aplt's motion for leave to file brief late
03/11/2005 On consideration of appellant's motions for extensions of time within which to file the brief, to which no oppositions have been filed, and appellant's motion for leave to file the lodged brief, to which no opposition has been filed, it is ORDERED that appellant's motions are granted and the lodged brief and the limited appendix are filed. It is FURTHER ORDERED that the brief of appellee_ shall be filed with this court on or before March 30, 2005. (By: GP)
03/11/2005APPELLANT'S BRIEF
03/11/2005APPENDIX
03/30/2005APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 4/7/05
04/01/2005 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 the brief of appellee_ shall be filed on or before April 7, 2005. (dfe)
04/07/2005APPELLEE'S BRIEF (w/Appdx)
04/07/2005APPENDIX
04/07/2005BRIEFS COMPLETED
05/10/2005FINAL SCREENING - SUMMARY CALENDAR I
06/20/2005SUPPLEMENTAL RECORD - #5 (docket entries)
10/07/2005CALENDAR NOTICE SENT
10/28/2005APPELLANT'S MOTION REQUESTING ORAL ARGUMENT (no oppo)
10/28/2005RECEIVED - aplt's request for oral argument
10/28/2005APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF (no oppo)
10/28/2005RECEIVED - aplt's reply brief
11/02/2005On consideration of appellant's unopposed motion to late file his lodged reply brief, and appellant's motion for leave to file request for oral argument out of time, and it appearing that this matter is scheduled on the Summary Calendar of November 9, 2005, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion is granted , and the Clerk shall file the lodged reply brief. It is (more)
11/02/2005FURTHER ORDERED that the motion requesting oral argument is granted, and the parties are to be present in the District of Columbia Court of Appeals courtroom, located on the sixth floor, at 1:55 p.m. on that date. (GP)
11/02/2005APPELLANT'S REPLY BRIEF
11/09/2005FiledACTION - Argued / Submitted
11/09/2005ARGUED before Judges Washington, Kramer, Newman George Anthony Fisher, Esq. for appellant Vasu B. Muthyala, Esq. for appellee
11/16/2005AFFIRMED IN PART/REMANDED IN PART MOJ (Washington, Kramer, Newman)
11/30/2005APLT'S PETITION FOR REHEARING/REHEARING EN BANC
01/18/2006ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHTESCFARZRDGLKRFINW) (Judge Fisher is recused from this case.)
01/26/2006MANDATE ISSUED