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United States Court Cases

District Of Columbia Court Of Appeals Record

CARL BARKSDALE V. UNITED STATES

Case Information: 02-CO-1058
Short Caption:CARL BARKSDALE V. UNITED STATESClassification:Appeals - Criminal Other - Sentencing Issues only
Superior Court or Agency Case Number:F1862-96Filed Date:09/11/2002

Opening Event Date:09/11/2002Case Status:Closed
Record Completed:11/13/2002Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:04/28/2004
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantCarl Barkdale Y
W. Douglas WhamNY
AppelleeUnited StatesN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
09/11/2002NOTICE OF APPEAL
09/30/2002APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) W. Douglas Wham, Esquire
10/10/2002APPELLANT'S DOCKETING STATEMENT rt ordered
11/06/2002SUPPLEMENTAL RECORD - #1 (30pgs/Hunt) 10/9/01 proc.
11/13/2002RECORD ON APPEAL
11/13/2002RECORD 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)
01/03/2003APPELLANT'S MOTION FOR STAY (dfe)
01/21/2003ORDERED: 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)
02/20/2003APPELLANT'S MOTION FOR STAY the appeal pending the outcome of 23-110 motion filed in Superior Court on 2/20/03. unopposed
02/20/2003RECEIVED Copy of 23-110 motion filed in Superior Court on 2/20/03.
03/04/2003ORDER: 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 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)
05/01/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)dfe
08/01/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)
11/03/2003STMT/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)
02/24/2004APLT'S MOTION TO LATE FILE STATUS STATEMENT (no oppo)
02/24/2004RECEIVED - 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)
03/12/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
04/21/2004APPELLANT'S MOTION TO REMAND and immediate issuance of mandate (no oppo)
04/26/2004ORDERED: 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)
04/26/2004PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/26/2004REMANDED
04/28/2004MANDATE ISSUED