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United States Court Cases

District Of Columbia Court Of Appeals Record

BALTAZAR RIVAS V. UNITED STATES

Case Information: 97-CF-0400
Short Caption:BALTAZAR RIVAS V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Lead: 97-CF-0280 Consolidated: 97-CF-0309 , 97-CF-0400, 97-CF-0411 , 97-CF-0417 , 97-CF-0553 , 97-CF-0834
Superior Court or Agency Case Number:F7886-96Filed Date:02/26/1997

Opening Event Date:02/26/1997Case Status:Closed
Record Completed:11/07/1997Post-Decision Matter Pending:
Briefs Completed:08/25/2000
Argued/Submitted:02/07/2001
Disposition:Next Scheduled Action:
Mandate Issued:06/14/2001
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantBaltazar Rivas Y
Robert J. Warner YN
AppelleeUnited StatesN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
02/26/1997NOTICE OF APPEAL Trial Attorney: Robert J. Warner Bar No.: 245649 Phone No.: (703)528-4554
03/10/1997APPELLANT'S DOCKETING STATEMENT
04/25/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Robert J. Warner, Esq.
05/01/1997error
05/08/1997SUPPLEMENTAL RECORD #1 (1354 pgs. Kaczorowski) (12/9-11, 16-20/96 procs.) (Filed in appeal no. 97CF411)
05/15/1997ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 97CF280, 97CF309, 97CF400, 97CF411, 97CF417 and 97CF553 for all purposes herein. (By: GP)
05/15/1997RECORD ON APPEAL for Jose Martin in 97 CF 280
05/15/1997RECORD ON APPEAL for Baltazar Rivas in 97 CF 400
05/20/1997SUPPLEMENTAL RECORD #2 (328 pages--M. J. Calhoun) (12/5,6/96 proc.)
06/05/1997RECORD ON APPEAL (97 cf 553)
06/23/1997RECORD ON APPEAL----97 cf 309 for Carlos Bracamonte
06/25/1997SUPPLEMENTAL RECORD #3 (133 pages--M. J. Calhoun) (12/3/96 proc.)
06/26/1997SUPPLEMENTAL RECORD #4 (158-pgs/calhoun 12/4/96 proc.)
08/27/1997LETTER -- from aplt in 97CF417 (Molina) regarding counsel.
09/04/1997LETTER referring to counsel the letter filed by appellant on August 27, 1997. (JAC)
09/22/1997LETTER - from Paul Riley requesting another two weeks in which to respond to your letter regarding Mr. Molina requesting a spanish speaking attorney.
09/25/1997APPEARANCE of David Vega as retained counsel for appellant (Really Spanish Interpreter for aplt)
10/08/1997LETTER from counsel for appellant stating that he and the spanish interpreter will visit appellant at earliest convenience.
10/16/1997LETTER - from (Saul Molina) re: attorney on case.
10/21/1997LETTER referring to counsel the letter filed on October 16 from appellant regarding attorney. (JAC)
10/22/1997ORDERED, sua sponte, that appeal no. 97-CF-1299 is hereby consolidated with appeal nos. 97-CF-280, 97-CF-309, 97-CF-400, 97-CF-411, 97-CF-417, 97-CF-553 for all purposes herein. F/O, sua sponte, that the appointment of Daniel K. Dorsey, Esquire, on behalf of appellant Rodney Roberto is hereby vacated and the Clerk shall enter the appearance of David Vega, Esquire. Daniel K. Dorsey, shall transmit all documents pertaining to appellant Rodney Roberto's appeal to newly-retained counsel forthwith. (BY: AMW)
11/05/1997LETTER from counsel for appellant in response to this court's letter of Oct. 21, 1997.
11/06/1997SUPPLEMENTAL RECORD - #6 (16 pgs/Simon) 7/16/97 proc.
11/07/1997SUPPLEMENTAL RECORD #7 (10-pgs/hart 7/10/97 proc.)
11/07/1997RECORD COMPLETED
01/15/1998ORDER: The briefs of each appellants shall be filed within 40 days from the date of this order, andthe brief of appellee_ shall be filed within 30 days thereafter. See D.C. App. R. 31. (By: GP)
02/09/1998RECEIVED - aplt's mot for ext of time to file brief (did not comply w/rule 27)
02/24/1998APPELLANT'S BRIEF in 97-CF-400
02/24/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF in 97-CF-417 to 4/27/98.
02/24/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Galdamez) 90 days no oppo (vvd)
02/27/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Carlos Bracamote) To 4/13/98 no oppo
03/02/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 4/1/98 no oppo (Martin)
03/03/1998RECORD ON APPEAL
03/03/1998SUPPLEMENTAL RECORD - #8 (12 pgs/Van Bremen) 2/24/97 proc.
03/11/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant in appeal no. 97-CF-417 shall be filed on or before April 27, 1998. It is (More)
03/11/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellant in appeal no. 97-CF-1299 shall be filed on or before May 26, 1998. It is (More)
03/11/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant in appeal no. 97-CF-280 shall be filed on or before April 1, 1998. It is (More)
03/11/1998ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant in appeal no. 97-CF-309 shall be filed on or before April 13, 1998. It is (More)
03/11/1998ORDER: Counsel for applt in appeal no. 97-CF-411 shall, w/in 15 days from the date of this order, file the brief accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (More)
03/11/1998ORDER: Appellant in appeal no.97-CF-553 shall, within 20 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for either to timely file the brief or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 14. (By: GP)
03/31/1998APPELLANT'S MOTION FOR RECONSIDERATION filed for Rodney Roberto (pir)
04/01/1998APPELLANT'S BRIEF in 97-CF-280
04/13/1998APPELLANT'S BRIEF filed by: atty Johnson in 97-CF-309 (Bracamort) (pir)
04/22/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 5/27/98 (Molina)
04/30/1998ORDER GRANT APPELLANT MOTION FOR RECONSIDERATION in appeal no. 97-CF-553 to the extent that the brief of appellant shall be filed within 30 days from the date of this order. (MORE)
04/30/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant in appeal no. 97-CF-417 shall be filed on or before May 26, 1998. (GP)
04/30/1998APPELLEE'S BRIEF
05/21/1998APPELLANT'S BRIEF (97-CF-417) Saul Molina
05/22/1998STATEMENT - of aplt re: transcripts
05/26/1998APPELLANT'S MOTION FOR STAY of the briefing schd (Silas Galdamez) dfe
05/29/1998APPELLANT'S MOTION FOR STAY-- pending resolution of aplt's 23-110 motion filed with the trial court (Roberto)
06/03/1998SUPPLEMENTAL RECORD #9(Rpt.Trans-12/19/96 Proc.-94 Pgs. Rpt. C. Franklin).
06/15/1998ORDER: Grant the motion of appellant Silas Galdamez for an extension of time within which to file appellant Silas Galdamez's brief, and the brief of appellant Silas Galdamez shall be filed within 40 days from the date the transcript is filed with this court. (By GP)
07/16/1998ORDER GRANTING APPELLANT MOTION FOR STAY and these consolidated appeals are hereby stayed pending further order of this court. If the motion in the rial 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. United States, 559 A. 2d 1321, 1322 (D.C. 1989). It is ( M O R E )
07/16/1998error
07/16/1998F/ORDERED that, while the motion is pending in the trial court, counsel for appellant in appeal no. 97-CF-553 shall advise this court every 3 months, with the first such report due on November 1, 1998, 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)
10/02/1998ORDER, SUA SPONTE, CONSOLIDATING APPEAL appeal no. 97-CF-834 is hereby consolidated with previously consolidated appeals nos. 97-CF-280, 97-CF-309, 97-CF-400, 97-CF-411, 97-CF-417, 97-CF-553, & 97-CF-1299 for all purposes herein. It is F/ORDERED that this appeal shall remain stayed pending outcome of the motion filed in the trial court pursuant to D.C. Code 23-110 in appeal no. 97-CF553. It is F/ORDERED that the status statement regarding the pending traial court motion in appeal no. 97-CF-553 remains due to be filed on or before November 2, 1998. (By: AMW)
10/13/1998APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL (Galdamez)
11/02/1998SUPPLEMENTAL RECORD - #10 (51 pgs/Calhoun) 12/3/96 proc.
11/13/1998APPELLANT'S BRIEF (97-CF-834) ee
11/18/1998ORDER GRANT APLT MOTION TO DISMISS/WITHDRAW APPEALand appeal no. 97-CF-1299 is hereby dismissed. See Johnson v. U.S., 513 A.2d 798 (D.C. 1986). F/O that appellant shall, within 20 days, in appeal no. 97-CF-553, file a status report as to the proceedings filed in the trial court, accompanied by a motion for leave to file the status report out of time. The motion should set forth good cause for the failure either to timely file the status report or to request an extension of time within which to do so. Failure to comply with this order shall subject appeal no. 97-CF-553 to being scheduled for briefing without further notice of the court. (by: AMW) sw
12/09/1998RECEIVED -motionfor leave file status statement out of time (Roberto)
12/10/1998NOTICE SENT - to aplt's attorney re: $10.00 motion fee
12/15/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (Roberto) for leave to file status report re pending trial court motion
12/15/1998RECEIVED - aplt's statement of status regarding aplt's 23-110
01/14/1999ORDERED that the motion is granted, and the lodged status statement is filed in appeal no. 97-CF-553. It is F/O that, while this motion remains pending in the trial court, counsel for appellant Rodney Roberto shall advise this court every 3 months, with the next report due on March 1, 1999, 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 th motion. 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. United States, 559 A.2d 1321, 1322 (D.C. 1989). (BY: AMW)
01/14/1999STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION in appeal no. 97-CF-553.
04/07/1999ORDERED that counsel for appellant in appeal no. 97-CF-553 shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the status statement out of time. The motion shall set forth good cause for the failure either timely file the status statement or to request an extension of time within which to do so. Failure to comply with this order shall result in the vacating of the order which stayed these appeals and the issuance of a briefing order. (BY: AMW)
04/20/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file status statement re 23-110
04/20/1999RECEIVED - aplt's status report in 97-CF-553
04/28/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION , and the lodged status statement is filed in appeal no. 97-CF-553. (BY: GP) MORE MORE MORE MORE
04/28/1999ORDERED, that, while this motion remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on August 1, 1999, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court within 15 days after the disposition of the motion. 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).(By: GP)
04/28/1999STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
07/20/1999COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS in 97-CF-280 Granted
09/07/1999ORDER: Grant the motion of counsel for appellant to withdraw, and the appointment of Ralph M. Randazzo, Esquire, is vacated, and Kenneth H. Rosenau, Esquire, is appointed to represent appellant Jose Marin herein. Ralph M. Randazzo, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. It is F/O that counsel for appellant Rodney Roberto shall, within 20 days from the date of this order, file the status statement, accompanied by a motion for leave to file the status statement out of time. The motion shall 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 vacating of the order which stayed this appeal and the issuance of a briefing order. (BY: AMW)
09/07/1999APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth H. Rosenau, Esquire
11/16/1999ORDERED that counsel for appellant Rodney Roberto shall, within 15 days from the date of this order, file the status statement, accompanied by a motion for leave to file the status statement out of thime. The motion shall set forth good cause for the failure either to timely file the statust statement or to request an extension of time within which to do so. Failure to comply with this order shall result in the vacating of the order which stayed these appeal and the issuance of a briefing order. It is F/O that counsel for appellant Saul Molina shall, within 20 days from the date of this order, file the brief, or a statement that the party will not be filing a brief, accompanied by a motion for leave to file the brief, or statement, out of time. The motion should set forth good cause for the failure either to timely file the brief, or statement, or to request an extension of time within which to do so. Failure to comply with this order may result in counsel's appointment being vacated. (BY: AMW)
12/10/1999LETTER from Molina re court's order dtd 11/16/99
01/11/2000PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
01/11/2000ORDERED, sua sponte, that this court's order of November 16, 1999, is hereby vacated to the extent that it directed appellant Saul Molina to file a brief. It is F/O, sua sponte, that this court's order of July 16, 1998, which stayed these appeals is hereby vacated. It is F/O that counsel for appellants Jose T. Marino and Rodney Roberto shall, within 15 days from thedate of this order, file their briefs, or a statement that the party will not be filing a brief, accompanied by a motion for leave to file the briefs or statements, out of time. The motions should set forth good cause for the failure either to timely file their briefs or statements, or to request estensions of time within which to do so. Failure to comply with this order shall subject these appeals to being scheduled on the record on appeal and all other briefs on file without further notice. (BY: AMW)
01/27/2000APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF in 97-CF-411
01/27/2000RECEIVED - appellant's brief (Jose T. Marino)
02/10/2000ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEF and the lodged brief of Jose T. Marino is filed. It is F/O that these cases shall be scheduled for consideration before a mertis division of this court on the records on appeal and briefs on filed. (BY: AMW)
02/10/2000APPELLANT'S BRIEF (Jose T. Marino) (ee/vvd)
02/10/2000error
03/14/2000ORDERED, sua sponte, that this court's order of February 10, 2000, is vacated to the extent that it scheduled these appeals for consideration before a merits division. It is F/O that appellee shall, within 30 days from the date of this order, file a supplemental brief pertaining to the issues raised by appellant Jose T. Marino. It is F/O that the brief of appellant Rodney Roberto shall be filed within 10 days from the date of this order, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either to timely file the brief or to request an extension of time within which to do so. Failure to comply with this order shall subject appeal no. 97-CF-553 to dismissal without further notice. See D.C. App. R. 14. (BY: AMW)
04/20/2000ORDERED, sua sponte, that this court's order of March 14, 2000, is vacated to the extent that it directed appellee to file a supplemental brief. It is F/O that the brief of appellant Rodney Roberto shall be filed within 10 days from the date of this order, accompanied by a motion for leave to file the brief out of time. The motion should set forth good cause for the failure either totimely file the brief or to request an extension of time within which to do so. Failure to comply with this order shall subject appeal no. 97-CF-553 to dismissal without further notice. See D.C. App. R. 14. (BY: AMW)
05/12/2000APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to late file mot to join in briefs previously filed on behalf of co-def's. (filed by: David Vega, Esq.)
05/12/2000error
05/12/2000RECEIVED - aplt's mot to join in briefs and arguments previously filed on behalf of co-def's.
06/15/2000ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of Rodney Roberto to late file defendant's motion to join in briefs previously filed on behalf of co-defendants. (M O R E)
06/15/2000APPELLANT RODNEY ROBERTO'S MISCELLEANOUS PROCEDURAL MOTION TO JOIN IN BRIEFS PREVIOUSLY FILED ON BEHALF OF CO-DEFENDANTS
06/15/2000ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of Rodney Roberto to join in briefs previously filed on behalf of co-defendants. FO that the briefof appellee shall be filed within 30 days from the date of this order. (By: GP)
07/27/2000APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/25/00
08/18/2000 On consideration of the uncontested motion of appellee for an extension of time within which to file the brief, it is ORDERED that the motion is granted, and the brief of appellee_ shall be filed on or before August 25, 2000. (GP)
08/25/2000APPELLEE'S BRIEF
08/25/2000BRIEFS COMPLETED
08/29/2000APPELLANT'S REPLY BRIEF (Jose Marin)
10/13/2000FINAL SCREENING - REGULAR CALENDAR
10/27/2000LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
11/17/2000LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/28/2000CALENDAR NOTICE SENT
02/05/2001APPELLANT'S MOTION TO SUBMIT WITHOUT ARGUMENT (only 97-CF-834-Olivia)
02/07/2001FiledACTION - Argued / Submitted
02/07/2001ARGUED (WG,ST,RD) John Cummings, ESq., for appellee. Paul J. Riley, Esq., for appellant. Bradford P. Johnson, Esq., for appellant. Robert J. Warner, Esq., for appellant.
02/07/2001On consideratin of the unopposed motion of appellant Israel Olivia to submit on the written briefs, it ORDERED that the motion of Israel Olivia is granted, and appeal number 97-CF-834 shall be submitted for decision on the record and briefs alone. (WASTRD)
02/07/2001SUBMITTED (only 97-cf-834)
05/23/2001AFFIRMED MOJ (WG,ST,RD,)
06/04/2001LETTER received from cnsl in regards to his attempt to comply with the court's procedure in Qualls v. US, 718 A.2d 1039 (1998). Also, cnsl advises the court that Aplt was deported from the US on 5/18/01. (dwm)
06/14/2001MANDATE ISSUED