Case Information: 02-CO-1058 | |||
Short Caption: | CARL BARKSDALE V. UNITED STATES | Classification: | Appeals - Criminal Other - Sentencing Issues only |
Superior Court or Agency Case Number: | F1862-96 | Filed Date: | 09/11/2002 |
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Opening Event Date: | 09/11/2002 | Case Status: | Closed |
Record Completed: | 11/13/2002 | Post-Decision Matter Pending: | |
Briefs Completed: | |||
Argued/Submitted: | |||
Disposition: | Next Scheduled Action: | ||
Mandate Issued: | 04/28/2004 | ||
Costs Waived |
Party Information | |||||||||
Appellate Role | Party Name | IFP | Attorney(s) | Arguing Attorney | E-Filer | ||||
Appellant | Carl Barkdale | Y |
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Appellee | United States | N |
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Events | ||||
Event Date | Status | Description | Result | |
09/11/2002 | NOTICE OF APPEAL | |||
09/30/2002 | APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) W. Douglas Wham, Esquire | |||
10/10/2002 | APPELLANT'S DOCKETING STATEMENT rt ordered | |||
11/06/2002 | SUPPLEMENTAL RECORD - #1 (30pgs/Hunt) 10/9/01 proc. | |||
11/13/2002 | RECORD ON APPEAL | |||
11/13/2002 | RECORD COMPLETED | |||
11/25/2002 | 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) | |||
01/03/2003 | APPELLANT'S MOTION FOR STAY (dfe) | |||
01/21/2003 | ORDERED: That the motion of appellant is denied without prejudice to its renewal upon the filing of the D.C. Code 23-110 motion in the trial court. See Shepard v. United States, 533 A.2d 1278, 1280 (D.C. 1987). It is FURTHER ORDERED that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the steps taken to file the D.C. Code 23-110 motion in the trial court. (By: AMW) | |||
02/20/2003 | APPELLANT'S MOTION FOR STAY the appeal pending the outcome of 23-110 motion filed in Superior Court on 2/20/03. unopposed | |||
02/20/2003 | RECEIVED Copy of 23-110 motion filed in Superior Court on 2/20/03. | |||
03/04/2003 | ORDER: 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 May 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. (By: AMW) | |||
05/01/2003 | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)dfe | |||
08/01/2003 | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) | |||
11/03/2003 | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) | |||
02/19/2004 | It appearing that a status statement of the motion pending in the trial court was due to be filed on or before February 3, 2004., and has not yet been lodged with this court, it is ORDERED that counsel for appellant shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the statement out of time. The motion should set forth good cause for the failure either to timely file the status statement or to request an extension of time within which to do so. Failure to comply with this order may result in the issuance of a renewed briefing schedule. (By: GP) | |||
02/24/2004 | APLT'S MOTION TO LATE FILE STATUS STATEMENT (no oppo) | |||
02/24/2004 | RECEIVED - Aplt's status report o pending trial court motion (pending) | |||
03/12/2004 | On consideration of the motion of appellant(s) for leave to late file the lodged status statement, it is ORDERED that the motion of appellant(s) is granted, and the lodged status statement is filed. It is FURTHER ORDERED that, while the motion remains pending in the trial court, counsel for appellant(s) shall advise this court every 3 months, with the next report due on May 24, 2004______, as to the status of the proceedings in the trial court. Counsel for appellant(s) shall advise this court in writing within 15 days after the disposition of the motion. (By: GP) | |||
03/12/2004 | STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION | |||
04/21/2004 | APPELLANT'S MOTION TO REMAND and immediate issuance of mandate (no oppo) | |||
04/26/2004 | ORDERED: Sua sponte, that the stay entered by this court on March 4, 2003, is hereby vacated. It is FURTHER ORDERED that the motion of appellant to remand this appeal is granted, and this case is hereby remanded to the Superior Court for further proceedings consistent with appellant's motion. It is FURTHER ORDERED that the Clerk shall issue the mandate forthwith. (By: AMW) | |||
04/26/2004 | PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED | |||
04/26/2004 | REMANDED | |||
04/28/2004 | MANDATE ISSUED |