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United States Court Cases

District Of Columbia Court Of Appeals Record

SABIR SHAED LYNCH V. UNITED STATES

Case Information: 10-CF-0805
Short Caption:SABIR SHAED LYNCH V. UNITED STATESClassification:Appeals - Criminal Felony - Homicide
Superior Court or Agency Case Number:CF1-8442-07Filed Date:06/30/2010

Opening Event Date:06/30/2010Case Status:Decided/Dismissed
Record Completed:12/29/2010Post-Decision Matter Pending:
Briefs Completed:08/05/2011
Argued/Submitted:04/25/2012
Disposition:Next Scheduled Action:
Mandate Issued:10/24/2013
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaeLynn Leibovitz NPro SeN
AppellantSabir Shaed Lynch Y
Thomas T. HeslepYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Elizabeth TrosmanNY
Katherine M. KellyYY

Events
Event DateStatusDescriptionResult
06/30/2010NOTICE OF APPEAL
07/20/2010 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Thomas Heslep, 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 statement regarding transcript available for completion online. 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. (JAC)
07/20/2010APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Thomas Heslep, Esquire
08/25/2010 On consideration of this court's order of July 20, 2010, directing counsel for appellant to file the statement regarding transcript within 30 days and it appearing that the statement regarding transcript has not been filed, it is ORDERED that counsel for appellant shall within 15 days from the date of this order submit the statement regarding transcript, 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 document or to request an extension of time within which to do so. (JAC)
09/22/2010 On consideration of this court's order of August 25, 2010, directing counsel for appellant to submit the statement regarding transcript within 15 days, accompanied by a motion for leve to file out of time, and it appearing that the document has not been filed, it is ORDERED that counsel for appellant shall within 10 calendar days from the date of this order submit the statement regarding transcript, accompanied by a motion for leave to file out of time. The motiion should set forth good cause for the filure either to timely file the document or to request an extension of time w/in which to do so. (ETW)
10/01/2010MOTION FOR LEAVE TO FILE STATEMENT RE TRANSCRIPT no oppo
10/01/2010RECEIVED - aplt's statement regarding transcripts
10/04/2010SUPPLEMENTAL RECORD - #1 (16 pgs/Hunt) 3/2/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #2 (161 pgs/Hunt) 3/3/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #3 (162-384 pgs/Hunt) 3/4/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #4 (232 pgs/Hunt) 3/5/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #5 (205 pgs/Wood) 3/8/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #6 (230 pgs/Wood) 3/9/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #7 (161 pgs/Wood) 3/10/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #8 (101 pgs/Maddox) 3/11/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #9 (150 pgs/Maddox) 3/12/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #10 (192 pgs/Rogers) 3/15/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #11 (61 pgs/Allison) 3/16/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #12 (13 pgs/Walker) 3/17/10 proc.
10/04/2010SUPPLEMENTAL RECORD - #13 (57 pgs/Ott) 3/18/10 proc. cd attached
10/08/2010 On consideration of appellant's motion for leave to file the lodged statement regarding transcript, it is ORDERED that appellant's motion is granted and the lodged statement regarding transcript is filed. (JAC)
10/08/2010STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed)
10/12/2010RECORD INDEX
10/12/2010RECORD COPIES
10/12/2010SUPPLEMENTAL RECORD - #14 (SEALED pleadings)
12/02/2010SUPPLEMENTAL RECORD - #15 (20 pgs/Graybill) 6/1/09 proc w/cd
12/29/2010SUPPLEMENTAL RECORD - #16 (160 pgs/Warren) 5/26/09 proc.
12/29/2010SUPPLEMENTAL RECORD - #17 (161-336 pgs/Warren) 5/27/09 proc.
12/29/2010SUPPLEMENTAL RECORD - #18 (337-542 pgs/Warren) 5/28/09 proc. w/cd
12/29/2010RECORD COMPLETED
01/13/2011 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 including the documents 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. 31. (Castillo)
03/02/2011 On consideration of this court's order of January 13, 2011, directing counsel for appellant to file the brief, and the limited appendix as required by D.C.App. R. 30 (f), within 40 days and it appearing that the brief and the appendix have not been filed, it is ORDERED that the brief of appellant and the limited appendix shall be submitted within 20 days from the date of this order, 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. (Castillo)
03/04/2011APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to May 15, 2011 (no oppo).
03/04/2011SUPPLEMENTAL RECORD - #19 (94 pgs/Wood) 3/11/10 proc.
03/10/2011 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 May 15, 2011. (JAC)
04/29/2011APPELLANT'S BRIEF
04/29/2011APPENDIX
06/03/2011APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until July 21, 2011
06/21/2011 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 appellee's brief shall be filed on or before July 21, 2011. (Castillo)
07/21/2011FiledMotion For Extension Of Time to File Brief (Appellee)
08/05/2011FiledGRANT - Order Granting appellee's motion for extension and filing the lodged appellee's brief.
08/05/2011FiledBriefing Completed
08/05/2011FiledBrief (Appellee)
08/18/2011FiledSupplemental Record specify - #19 (50 pgs/Pirfo) 6/13/08 proc.
08/18/2011FiledSupplemental Record specify - #20 (76 pgs/Peterson-Hart) 1/30/09 proc.
08/18/2011FiledSupplemental Record specify - #21 (44 pgs/tape) 2/25/10 proc.
08/18/2011FiledSupplemental Record specify - #22 (49 pgs/Hawkins) 3/1/10 proc.
08/18/2011FiledSupplemental Record specify - #23 (87 pgs/Hawkins) 3/2/10 proc.
08/18/2011FiledSupplemental Record specify - #24 (105 pgs/Swaringer) 3/2/10 proc
08/18/2011FiledSupplemental Record specify - #25 (34 pgs/Burr) 6/4/10 proc. w/cd
09/23/2011FiledACTION - Ready for Calendaring
12/06/2011FiledLetter To Counsel/Party Re Future Calendaring
12/09/2011FiledLetter From Counsel/Party Re Future Calendaring (Appellee)
03/01/2012FiledACTION - Calendar notice sent
04/13/2012LodgedLetter From Atty Kelly to Atty Heslep with materials relevant to this appeal. (Appellee)
04/25/2012FiledArgued before Judges Fisher, Thompson, Nebeker Thomas T. Heslep, Esq. for appellant Katherine M. Kelly, Esq. for appellee
04/27/2012FiledOrder - ORDERED that the disposition of this appeal is stayed pending further order. See Smith v. Pollin, 194 F.2d 349, 350 (D.C. Cir. 1952). It is FURTHER ORDERED that appellant shall inform this court of the filing in the trial court of a motion to set aside appellant's conviction under Sec 23-110 by May 28, 2012. (FI,TH,NE)
04/27/2012FiledOrder Granting Motion To Stay Appeal
05/10/2012FiledNotice of filing in Superior Court (motion for new trial attached) (Appellant)
05/22/2012FiledOn consideration of this Court's April 27, 2012, order staying this appeal and directing appellant to inform the Court of any D.C. Code Sec. 23-110 motion filed in the trial court, and it appearing that appellant filed a motion for new trial pursuant to D.C. Code Sec. 23-110 (2001) on May 8, 2012 it is ORDERED that appellant shall provide this Court with a status report within 90 days from the date of this order. It is FURTHER ORDERED that the trial court shall transmit a certified copy of any dispositive order to this Court upon its entry on the docket. (jac)
05/20/2013FiledStatus Report regarding pending 23-110 motion (Appellant)
09/03/2013FiledStatus Report regarding pending motion (Appellant)
09/20/2013FiledMotion To Dismiss Appeal (Appellant)Granted
09/23/2013FiledReceived courtesy copy of a Superior Court Order filed on 9/20/13 granting defendant's motion for a new trial (Amicus Curiae)
09/24/2013FiledReceived a courtesy copy of a Superior Court order dated 9/24/13 - supersedes the trial court order dated September 19, 2013 (Amicus Curiae)
10/01/2013FiledDismissed
10/24/2013FiledMandate