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United States Court Cases

District Of Columbia Court Of Appeals Record

EDWARD T. FARLEY V. UNITED STATES

Case Information: 92-CF-1039
Short Caption:EDWARD T. FARLEY V. UNITED STATESClassification:Appeals - Criminal Felony - Other Felony
Lead:92-CF-1039Consolidated: 95-CO-0488
Superior Court or Agency Case Number:F1182-92Filed Date:08/20/1992

Opening Event Date:08/20/1992Case Status:Closed
Record Completed:07/09/1993Post-Decision Matter Pending:
Briefs Completed:06/11/1996
Argued/Submitted:08/12/1998
Disposition:Next Scheduled Action:
Mandate Issued:07/03/2001

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEdward T. Farley N
W. Douglas WhamYY
AppelleeUnited StatesN
Magdalena Bell NN
John R. Fisher NN
Megan E. Hills YN

Events
Event DateStatusDescriptionResult
08/20/1992NOTICE OF APPEAL
08/31/1992APPOINTING COUNSEL/CO REFERRAL (CJA) David J. Sitomer, Esq.
09/10/1992RECORD ON APPEAL
09/14/1992APPELLANT'S MOTION FOR LEAVE TO FILE DS
09/14/1992RECEIVED APPELLANT'S DOCKETING STATEMENT.
10/01/1992SUPPLEMENTAL RECORD #1 (12 pgs. -- Kaczorowski) (4/24/92 proceedings).
10/02/1992ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS and the lodged docketing statement is filed.
10/02/1992APPELLANT'S DOCKETING STATEMENT
11/06/1992SUPPLEMENTAL RECORD #2 (88-pgs/carter 4/27/92 proc.)
11/12/1992SUPPLEMENTAL RECORD #3 (175-pgs/hunt 5/19/92 proc.)
12/01/1992SUPPLEMENTAL RECORD - #4 (22 pgs/Burns) proc. 5/27/92
04/13/1993SUPPLEMENTAL RECORD #1 (537 pgs. - Hunt) (5/20 - 5/22/92 proc.)
04/26/1993SUPPLEMENTAL RECORD #5 (order/judge kennedy 4/20/93)
07/09/1993SUPPLEMENTAL RECORD #2 (142 pgs. - Graybill) (5/26/92 proc.)
07/09/1993RECORD COMPLETED
05/11/1994ORDER: 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 upon a showing of good cause. (By WHN)
05/17/1994APPELLANT'S ANSWER/RESPONSE to the court motion for extension of time to file briefs.
06/01/1994ORDER GRANTING APLT'T MOTION TO EXTEND TIME and the motion is construed as a motion for stay and granted, and this appeal is hereby stayed pending further order of this order. F/O 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 tht denial may be sought only by filing a separate notice of appeal, after which the two appeal will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (by: FERREN)
06/01/1994CASE STAYED
06/22/1994APPELLANT'S ANSWER/RESPONSE -to June 1, 1994 order
08/10/1994ORDER - ORDERED 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. United States, 559 A.2d 1321, 1322 (D.C. 1989) (By WHN)
09/14/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file report to the court late.
09/14/1994RECEIVED Appellant's report to the court.
10/04/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file a statement and the lodged statement is filed. (By WHN)
10/04/1994ORDER - ORDERED 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. (By WHN)
10/04/1994STATEMENT - filed
11/04/1994STATEMENT- of aplt (report to the court/ leave to late file same.
11/23/1994ORDER: Counsel for appellant shall advise this co urt 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 thr 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.d 1321, 1322 (D.C. 1989). BY WHN
12/19/1994STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
02/06/1995ORDER: 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 filed 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. US. (By: WHN)
02/10/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION filed by David Sitomer, counsel for appellant.
04/18/1995ORDER: 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 filed 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)
05/03/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
05/31/1995ORDER, sua sponte, that the stay entered by this court on June 1, 1994, in no. 92-CF-1039, is hereby vacated. F/O, sua sponte, that appeals nos. 92-CF-1039 and 95-CO-488 are consolidated for all purposes herein. F/O that David J. Sitomer, Esquire, is appointed to represent appellant in appeal no. 95-CO-488. (By: AMW)
05/31/1995error
05/31/1995PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
07/07/1995SUPPLEMENTAL RECORD #1 (204-pgs/salazar 4/6-7/95 proc.)
07/14/1995RECORD ON APPEAL (95-CO-488)
11/21/1995ORDER: 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: WHN)
01/02/1996APPELLANT'S BRIEF for 92-CF-1039 & 95-CO-488
02/05/1996APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 2/23/96 - no oppo
02/23/1996RECEIVED - aple's brief
02/26/1996APLE MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF
02/26/1996RECEIVED - aple's corrected brief
06/11/1996ORD GRT APLE MO FOR LV TO FL AMENDED/CORRECTED BRF and the lodged corrected brief of appellee is filed. F/O that these appeals shall be scheduled for consideration before a merits division as soon as the calendar permits. (BY: GP).
06/11/1996APPELLEE'S AMENDED/CORRECTED BRIEF
06/11/1996BRIEFS COMPLETED
06/27/1996FINAL SCREENING - REGULAR CALENDAR
06/27/1996LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
10/18/1996ARGUED (TE,KG,RU) David J. Sitomer, Esquire, for appellant. Magdalena Bell, Esquire, for appellee.
05/22/1997CASE STAYED -- record remand
11/18/1997ORDER - ORDERED that, while this matter remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with the first report due on December 15, 1997, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 dyas after conclusion of the proceedings on record remand. (GP)
12/03/1997STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
12/03/1997APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL (by Douglas Wham, who had been aptd counsel by the trial court on remand).
12/05/1997ORDER GRANTING APLT MO FOR APPOINTMENT OF COUNSEL ORDERED that the motion is granted and Douglas Wham, Esquire is appointed to represent appellant herein; the appt of David Sitomer, Esq. is hereby vacated. F/O that the Clerk of the Sup. Ct. is directed to prepare and transmit a supplemental record consisting of the relevant papers and exhibits relating to the remand proceedings. (TE/KG/RZ)
12/05/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) W. Douglas Wham, Esq.
12/10/1997SUPPLEMENTAL RECORD - #5 (remand memo, ord statingrecording shall be made part of rec notice in support of gvt's oppo to mot for new trial, etc.)
12/18/1997ORDER TO SHOW CAUSE - ORDERED that appellant shall show cause no later than 1/20/98, why the judgment of the trial court should not be affirmed in light of the 10/15/97 memorandum on the trial court remand. (TE/KG/RZ)
12/18/1997SUPPLEMENTAL RECORD #6 (Cassette tape)
01/20/1998RESPONSE TO ORDER TO SHOW CAUSE -to 12/18/97 order
01/28/1998ORDER - ORDERED that the order to show cause is hereby discharged. It is F/O that appellant shall make the necessary arrangements to have the transcript of the hearing on remand prepared and transmitted to this court as a supplemental record. It is F/O that upon the filing of the supplemental record, the parties are to file supplemental briefs, with appellant's brief to be filed within 30 days of the supplemental record, and appellee's responsive brief filed within 30 days thereafter. (TE/KG/RZ)
03/27/1998SUPPLEMENTAL RECORD #7 (Rpt. Trans 9/26/97 Proc.- 38 Pgs.-Rpt. V. Williams).
03/27/1998PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/02/1998ORDER - ORDERED that appellant's supplemental brief shall be filed within 30 days of the date of this order and appellee's responsive brief shall be filed within 30 days thereafter. (TE/KG/RZ)
05/04/1998APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
06/08/1998APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
06/26/1998APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 7/20/98 no oppo
07/06/1998ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF until 7/20/98. (TE/KG/RZ)
07/16/1998APPELLANT'S REPLY BRIEF
07/17/1998ORDER (TE,KG,RU) This matter is scheduled for a special sitting on August 12, 1998 at 2:00 p.m.. The parties are to be present in the District of Columbia Court of Appeals courtroom, located on the sixth floor, at 1:55 p.m. on that date.
08/12/1998FiledACTION - Argued / Submitted
08/12/1998ARGUED (TE,KG,RU) W. Douglas Wham, Esquire, for appellant. Megan E. Hills, Esquire, for appellee.
02/08/2001FiledAFFIRMED opinion
02/21/2001APLT'S PETITION FOR REHEARING/REHEARING EN BANC
02/28/2001ORDER that appellee within 14 days from the date of this order shall file a response to pet for reh/reh en banc (10 copies). (WA)
03/14/2001APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto 4/13/01. no oppo
03/16/2001ORD GRT APLE MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before April 13, 2001. (WA)
04/12/2001APPELLEE'S OPPOSITION to aplt's pet for reh/reh en banc.
06/25/2001ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WATESTSCFARZRDGLWHKG) (Judge Ruiz would grant rehearing. Judges Schwelb and Ruiz would grant rehearing en banc.)
07/03/2001MANDATE ISSUED
07/30/2001error
08/07/2001COPY OF PETITION FOR WRIT OF CERTIORARI W. Douglas Wham, Esquire appointed to file Cert. Pet. (forthcoming)
09/21/2001NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
10/18/2001NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI