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United States Court Cases

District Of Columbia Court Of Appeals Record

LAMAR R. MUSKELLY V. UNITED STATES

Case Information: 93-CF-0205
Short Caption:LAMAR R. MUSKELLY V. UNITED STATESClassification:Appeals - Criminal Felony - Robbery Related
Lead:93-CF-0205Consolidated: 93-CF-0322 , 96-CO-0942 , 97-CO-0033
Superior Court or Agency Case Number:F8333-92Filed Date:02/24/1993

Opening Event Date:02/24/1993Case Status:Closed
Record Completed:07/16/1993Post-Decision Matter Pending:
Briefs Completed:08/18/1997
Argued/Submitted:02/03/1998
Disposition:Next Scheduled Action:
Mandate Issued:03/04/1998
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantLemar R. Muskelly Y
Walter S. BoothYN
AppelleeUnited StatesN
John R. Fisher NN

Events
Event DateStatusDescriptionResult
02/24/1993NOTICE OF APPEAL
03/16/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Walter S. Booth, Esq.
03/26/1993APPELLANT'S DOCKETING STATEMENT
04/05/1993RECORD ON APPEAL
04/05/1993RECORD COMPLETED
04/20/1993ORDER: 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. Any requests for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
04/27/1993ORDER, SUA SPONTE, CONSOLIDATING APPEALS and appeal nos. 93-CF-205 and 93-CF-322 are consolidated for all purposes herein. F/O that appellant shall, within 15 days from the date of this order, file the docketing statement in no. 93-CF-322.(By RO)
04/30/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to June 1, 1993
05/14/1993SUPPLEMENTAL RECORD #1 (648-pgs/schoch 11/16-21/92. proc.)
07/01/1993SUPPLEMENTAL RECORD #2 (139-pgs/11/12&13/92 pirfo)
07/16/1993SUPPLEMENTAL RECORD - #3 (8 pgs/Swaringer) 1/27/93 proc. - 93-CF-205
07/16/1993RECORD COMPLETED
10/20/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFto the extent that the briefs of appellants shall be filed in these appeals within 40 days from the date of this order and the brief of appellee shall be filed within 30 days thereafter. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
11/16/1993APPELLANT'S MOTION FOR STAY appeal
11/24/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for additional transcripts and evidence.
12/15/1993COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
02/01/1994ORDER GRANTING APPELLANT MOTION FOR STAY of briefing grnted, and these appeals are hereby stayed pending supplementation of the record. (By RO) (more)
02/01/1994ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASONthat the motion of appellant in no. 93-CF-322 is granted and the appointment of Lawrence M. Baskir, Esquire, is hereby vacated and Peter Meyers, Esquire, is appointed to represent appellant herein. Lawrence M. Baskir, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (By RO) (more)
02/01/1994ORDER - ORDERED that appellant in no. 93-CF-322 within 15 days from the date of this order, shall file with this court a copy of his motion for additional transcript filed in the trial court and shall advise this court of the status of that motion oand of the efforts to locate the missing exhibits. (By RO)
02/04/1994CHANGE OF ADDRESS RECEIVED by appellant's attorneyPeter H. Meyers. Peter H. Meyers 4415 Fessenden Street, N.W. Washington, D.C. 20016
02/15/1994MEMORANDUM- of aplt pursuant to February 1, 1994 order
04/05/1994ORDER - ORDERED that counsel for appellant shall advise this court, within 15 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code 23-110. 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 two appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By WHN)
04/12/1994STATEMENT in response to the court's order dtd 4/5/94.
04/21/1994STATEMENT of appellant in re to the status of the pending 23-110 motion in Superior Court.
07/13/1994ORDER that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion filed in the trial court pursuant to D.C. Code $23-110. 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 two appeals will be consolidated. See Hall v. U.S., 559 A. 2d 1321, 1322 (D.C. 1989). (BY WHN).
07/29/1994MEMORANDUM - of in response to court's order
08/10/1994STATEMENT on status of 23-110 motion.
07/01/1996RECEIVED - order from superior court re: motion pursuant to 23-110
08/07/1996PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
08/07/1996ORDERED, sua sponte, that the stay entered by this court on February 1, 1994, in appeal no. 93-CF-322, is hereby vacated. It is F/O, sua sponte, that appeal no. 96-CO-942 is consolidated with 93-CF-205 and 93-CF-322 for all purposes herein. It is F/O, sua sponte, that in appeal no. 96-CO-942, Peter H. Meyers, Esquire, is appointed to represent appellant herein. It is F/O, that counsel for appellant, in appeal no. 96-CO-942, shall file the docketing statement within 15 days from the date of this order. (BY: AMW)
08/19/1996APPELLANT'S DOCKETING STATEMENT
09/19/1996RECORD ON APPEAL for Jonathan J. Muskelly in 96 CO 942
10/04/1996ORDER: The brief of appellant shall be filed wit hin 40 days from the date of this order, and the brief of appellee shall be filed within 30 days th ereafter. See D.C. App. R. 31. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
10/25/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (Muskelly) re status and to consolidate and appoint counsel
10/30/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
12/18/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for Jonathan Muskelly in 93 CF 322 & 96 CO 942 to and including January 17, 1997. (unopposed)
01/15/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days ( No oppo) (Jonathan Muskelly)
02/19/1997ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to consolidate and appeal no. 97-CO-33 is consolidated with previously consolidated appeals nos. 93-CF-205, 93-CF-322 and 96-CO-942 for all purposes herein. FO that the motion to appoint counsel is granted, and Walter S. Booth, Esquire, is appointed to represent appellant in 97-CO-33. FO that the motions of appellant in appeals nos. 93-CF-322 and 96-CO-942 for an extension of time to file the brief is granted, and the consolidated brief of appellant shall be filed within 40 days from the date of this order. FO that the Clerk shall deemed the record filed in 96-CO-942 as also filed in 97-CO-33. FO that the consolidated brief of appellant Lamar R. Muskelly shall be filed within 40 days from the date of this order, and the consolidated brief of appellee shall be filed 30 days thereafter. (By: AMW)
03/24/1997APPELLANT'S MOTION FOR STAY of appeal and supplement record
03/27/1997APPELLANT'S MOTION FOR STAY of appeal (unopposed)
04/04/1997ORDER GRANTING the motions of appellants to the extent that the briefs of appelllants are due to be filed within 30 days after the supplemental record is filed with this court. It is F/O that the Clerk of the Superior Court shall prepare and transmit the records in appeals nos. 96-CO-942 and 97-CO-33 as a supplemental record forthwith. (BY: AMW)
04/14/1997RECORD ON APPEAL for 97-CO-33
04/23/1997ORDERED that the brief of appellants 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. Any request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: GPJ)
05/08/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until July 21, 1997 for Lamar Muskelly in 97 CO 33 & 93 CF 205
05/14/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to and including June 30, 1997 for appellant Jonathan J. Muskelly in 93 CF 322. (unopposed)
05/21/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the briefs of appellants shall be filed on or before June 30, 1997. No further requests for extensions of time will be granted absent a showing of extraordinary circumstances. (BY: AMW)
06/26/1997APPELLANT'S BRIEF for Jonthan J. Muskelly in 93 CF 322 & 96 CO 942
06/30/1997APPELLANT'S BRIEF (Muskelly)
08/04/1997APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/12/97
08/12/1997RECEIVED - aple's brief
08/18/1997ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the lodged brief of appellee is filed. It is F/O that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (BY: GPJ)
08/18/1997APPELLEE'S BRIEF
08/18/1997BRIEFS COMPLETED
09/02/1997APPELLANT'S REPLY BRIEF
09/02/1997FINAL SCREENING - SUMMARY CALENDAR I
02/03/1998FiledACTION - Argued / Submitted
02/03/1998SUBMITTED (TE,ST,RD)
02/10/1998AFFIRMED MOJ (TE,ST,RD)
03/04/1998MANDATE ISSUED