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United States Court Cases

District Of Columbia Court Of Appeals Record

LARRY J. MCCLINTON V. UNITED STATES

Case Information: 92-CF-0938
Short Caption:LARRY J. MCCLINTON V. UNITED STATESClassification:Appeals - Criminal Felony - Theft Related
Lead:92-CF-0938Consolidated: 01-CO-0681
Superior Court or Agency Case Number:F3147-91Filed Date:07/23/1992

Opening Event Date:07/23/1992Case Status:Closed
Record Completed:03/04/1996Post-Decision Matter Pending:
Briefs Completed:01/10/2002
Argued/Submitted:04/16/2002
Disposition:Next Scheduled Action:
Mandate Issued:08/14/2003
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantLarry J. Mcclinton Y
W. Douglas WhamYY
AppelleeUnited StatesN
John R. Fisher NN
Lisa Hertzer SchertlerYY

Events
Event DateStatusDescriptionResult
07/23/1992NOTICE OF APPEAL
08/28/1992ORDER, sua sponte, that Gregory C. Powell, Esquire, is hereby appointed to represent appellant in appeal no. 92-cf-938. F/O that appellant shall show cause within 20 days from the date of this order as to why appeal no. 92-cf-298 should not be dismissed for lack of jurisdiction. (J Terry)
08/28/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Gregory C. Powell, Esq. (see 92-CF-298 for voucher)
09/15/1992RECORD ON APPEAL
12/28/1992ORDER: 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)
03/01/1993ORDER: Counsel for appellant shall, within 15 days from the date of this order, file the brief, accompanied by a motion for leave to file the brief out of time, setting 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 his appointment being vacated. (By RO)
03/22/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until completion of transcript
04/05/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until such time as the supp record is filed
05/06/1993ORD GRANT APLT MOTIONS TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed within 40 days after the completed transcripts have been filed with this court. Any further request for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHG)
06/11/1993SUPPLEMENTAL RECORD #1 (66-pgs/allison 2/10-11/92 proc.)
06/11/1993SUPPLEMENTAL RECORD #2 (823 pgs. - Herzfeld) (2/3 - 2/7/92 proc.)
06/18/1993SUPPLEMENTAL RECORD # 3 (32 pgs--Ramos) (7/23/92 proc.)
09/14/1993SUPPLEMENTAL RECORD #4 (96 pgs. - Pilgrim) (1/30/92 proc.)
01/18/1994SUPPLEMENTAL RECORD # 5 (156 pgs--Champ) 1/24/92 proc.
05/04/1994ORDER: 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)
06/13/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until July 11, 1994.
07/08/1994ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant shall be filed on or before July 11, 1994. Any further request for an exte nsion of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
07/14/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 10, 1994.
08/03/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF on or before August 10, 1994. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY WHN)
08/15/1994\PPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until September 9, 1994.
08/29/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFup to and including September 9, 1994. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (AMW).
09/22/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF - to 10/14/94
10/12/1994ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant shall be filed on or before October 14, 1994. Any further request for an exte nsion of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHN)
10/25/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until such time as the supplmental record is filed.
11/23/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. (By WHN)
03/04/1996RECORD COMPLETED
03/04/1996SUPPLEMENTAL RECORD #6 (142 pages--C. Pilgrim) (1/30,31/92 proc.)
06/03/1996ORDER: 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)
07/23/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 8/26/96 no oppoo
07/31/1996ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before August 26, 1996. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
08/30/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days no oppo
09/30/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
10/25/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until December 3, 1996. (unopposed)
10/25/1996ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed on or before December 3, 1996. No further extension of time will be granted absent a showing of extraordinary circumstances. (BY: AMW)
12/03/1996APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/13/97 no oppo
02/10/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to and including February 24, 1997. (unopposed)
02/13/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed on or before February 24, 1997. No further extension of time will be granted absent a showing of extraordinary circumstances. (BY: AMW)
02/26/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 40 days (to 4/7/97 ) (vvd)
03/28/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellant shall be filed on or before April 7, 1997. Failure to comply with this order shall result in counsel's appointment being vacated. No further extension of time will be granted absent a showing of extraordinary circumstances. (BY: AMW)
04/15/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/19/97 no oppo
04/22/1997APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Neal L. Thomas, Esq.
04/22/1997ORDER: Sua sponte, that the appointment of Gregory C. Powell, Esquire, is hereby vacated, and Newl L. Thomas, Esquire, is appointed to represent appellant herein. Gregory C. Powell, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. FO 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. (More)
04/22/1997ORD DENY APLT MOTION TO EXTEND TIME TO FILE BRIEF filed by former counsel for appellant as moot. (By: AMW)
06/02/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days. (unopposed)
06/16/1997ORDERED that the motion is granted, and the brief of appellant shall be filed on or before July 2, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: AMW)
07/02/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days after court's ruling on mot for travel
07/02/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION- for leave for appointed counsel to incur travel expenses no opop
07/23/1997TMC - Aplt's motion for ext. for 40 days after ruling of pending motion for travel. - Aplt's unopposed motion for leave for appointed counsel to incur travel expenses
08/26/1997ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and 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. *** MORE ***
08/26/1997ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave for appointed counsel to incur travel expenses to the extent that counsel is authorized to submit the cost of visiting appellant in his voucher at the conclusion of his representation. (by: SCKGRD)
10/06/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to suspend briefing schedule pending filing of motion under D.C. code 23-110 no oppo
10/20/1997ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION without prejudice to its renewal upon the filing of the D.C. Code Section 23-110 motion in the trial court. It is F/O 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 Section 23-110 motion in the trial court. (BY: AMW)
11/19/1997STATEMENT of appellant's counsel in accordance with October 20, 1997 order
01/12/1998ORDER: 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: GP)
02/11/1998STATEMENT - from aplt counsel's statement in accordance with 1/12/98 order
05/11/1998ORDER: 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. Failure to comply with this order shall result in the issuance of a renewed briefing schedule in this matter. (By: AMW)
06/29/1998ORDER: 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. (By: GP)
08/18/1998ORDER: Counsel for appellant shall, within 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. (By: GP)
09/09/1998ORDER: Counsel for appellant shall, within 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 shall result in counsel's appointment being vacated. (By: GP)
09/30/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 11/29/98
10/05/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before November 29, 1998. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
12/04/1998ORDER: Counsel for appellant shall, within 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. (By: GP)
12/21/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 2/19/99
12/29/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before February 19, 1999__________. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall result in counsel's appointment being vacated. (By: AMW)
02/16/1999COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
03/03/1999APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) W. Douglas Wham, Esq.
03/03/1999ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the appointment of Neal L. Thomas, Esquire, is hereby vacated, and W. Douglas Wham, Esquire, is appointed to represent appellant herein. Neal L. Thomas, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. It is F/O 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. (BY: AMW)
04/09/1999APPELLANT'S MOTION FOR STAY - briefing pending completion of record and transcripts, motion for prepartation of complete record, and motion for authorization of expenses to visit aplt no opo
04/13/1999TMC - Aplt's motion to stay briefing pending completion of record and transcripts, motion for preparation of complete record, and motion for authorization of expenses to visit appellant
04/16/1999ORDER GRANTING APLT'S MOTION FOR PREPARATION of complete record to the extent that the Clerk of the Superior Court shall prepare and transmit the record of appeal to this court without fee forthwith. A request for preparation of transcripts of proceedings in the Superior Court shall be made, on motion with notice, to the appropriate motions or trial judge, for determination in accordnace with Gaskins v. United States, 265 A.2d 493 (D.C. 1970). See D.C. APP. R. 23 (c). *** MORE ***
04/16/1999ORDER DENYING APLT'S MOTION FOR AUTHORIZATION of expenses to visit appellant without prejudice to refiling following the resolution of any motion filed below pursuant to Super. Ct. Crim. R. 38 (a) (2). See Procedures for Advance Approval of Travel Time and Expenses, abopted by this court March 15, 1999, and attached for counsel's review. *** MORE ***
04/16/1999ORDER GRANTING APLT'S MOTION TO STAY BRIEFING pending completion of record and transcripts. (by: STRZKN)
04/29/1999RECORD ON APPEAL for 92 cf938
06/01/1999SUPPLEMENTAL RECORD #7 (76-pgs/tanner 1/21-3/92 proc.)
08/09/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION request for authorization of expenses to visit aplt no opo
08/11/1999TMC - Aplt's request for authorization of expenses to visit appellant
09/13/1999ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION of counsel for authorization of expenses to visit appellant to the extent that counsel is permitted to include reasonable expenses for visiting appellant inhis final voucher that is subject to the final approval by this court. See attached notice procedures for advance approval of travel time and expenses. (by: TERDNM)
02/16/2000SUPPLEMENTAL RECORD # 8 (103 pgs--Pilgrim) 1/31/92 proc.
03/06/2000ORDERED that counsel for appellant shall, within 15 days from the date of this order, advise this court as to the status of the aforementioned transcript, and of all actions taken, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. Failure to comply with this order will result in the issuance of a briefing order. (BY: GPJ)
03/10/2000APPELLANT'S MOTION FOR STAY of the briefing schd pending 23-110 -- attached 23-110 motion filed in sup crt.
03/16/2000STATEMENT -f rom aplt re: transcripts
03/29/2000ORDER GRANTING APPELLANT MOTION FOR STAY, and this appeal is hereby stayed pending resolution of a D.C. Code Section 23-110 motion pending in the trial court. It is F/O that, while the motion remains pending in the trial court, counsel for appellant shall advise this court every 3 months, with the next report due on June 1, 2000, as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing 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. United States, 559 A.2d 1321, 1322 (D.C. 1989). (BY: AMW)
03/29/2000 error
03/29/2000CASE STAYED
06/01/2000STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
08/30/2000STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
12/01/2000STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)
03/01/2001STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)
04/12/2001STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION w/order
06/05/2001ORDERED, sua sponte, that appeals nos. 92-CF-938 and 01-CO-681 are consoildated for all purposes herein. F/O, sua sponte, that the stay entered by this court on March 29, 2000, in appeal no. 92-CF-938, is hereby vacated. F/O that Douglas Wham, Esquire, is hereby appointed to represent appellant in appeal no. 01-CO-681 herein. F/O that appellant shall file the docketing statement in appeal no. 01-CO-681 within 10 days from the date of this order. F/O that the Clerk of the Superior Court shall prepare and transmit the record on appeal in appeal no. 01-CO-681 to this court forthwith. (BY: AMW)
06/08/2001APPELLANT'S DOCKETING STATEMENT (no RT ordered - dwm)
07/26/2001RECORD ON APPEAL
07/27/2001PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
07/31/2001 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)
09/06/2001APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/9/01. no oppo
09/12/2001 On consideration of the motion of appellant_ for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before October 9, 2001. (GP)
10/09/2001APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/22/01. (92-CF-938 & 01-C0-641) no oppo
10/15/2001 On consideration of the motion of appellant for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before October 22, 2001_______. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
10/16/2001APPELLANT'S BRIEF
10/16/2001APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD under DC APP R. 10(e) no oppo
10/24/2001 On consideration of the unopposed motion of appellant__ to supplement the record, it is ORDERED that the motion of appellant__ is granted, and the Clerk of the Superior Court shall prepare and transmit the item(s) specified in appellant's motion to this court as a supplemental record forthwith. (GP)
11/08/2001SUPPLEMENTAL RECORD #9 (Defendant's Motion Under D.C. Code 23-110 to Vacate, etc.,)
11/14/2001APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 12/21/01
11/26/2001 On consideration of the motion of appellee_ for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellee_ shall be filed on or before December 21, 2001. (GP)
12/17/2001APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 2 wks. no oppo
12/20/2001 On consideration of the motion of appellee_ for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellee_ shall be filed on or before January 4, 2002__. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/07/2002APPELLEE'S MOTION FOR LEAVE TO FILE BRIEF no oppo
01/07/2002RECEIVED - aple's brief.
01/10/2002 On consideration of the motion of appellee for leave to late file the lodged brief, and no opposition having been filed, it is ORDERED that the motion of appellee is granted, and the lodged brief is filed. It is FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (GP)
01/10/2002APPELLEE'S BRIEF
01/10/2002BRIEFS COMPLETED
01/17/2002FINAL SCREENING - REGULAR CALENDAR
01/18/2002LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
01/25/2002APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 2/15/02. no oppo
01/30/2002 On consideration of the motion of appellant(s) for an extension of time within which to file the reply brief, and no opposition having been filed, it is ORDERED that the motion of appellant(s) is granted, and the reply brief of appellant(s) shall be filed with this court on or before February 15, 2002. (GP)
01/30/2002SUPPLEMENTAL RECORD # 10 Docket entries.
02/13/2002LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
02/15/2002APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 2/25/02. no oppo
02/21/2002 On consideration of the motion of appellant(s) for an extension of time within which to file the reply brief, and no opposition having been filed, it is ORDERED that the motion of appellant(s) is granted, and the reply brief of appellant(s) shall be filed with this court on or before February 25, 2002. (GP)
02/25/2002APPELLANT'S REPLY BRIEF
03/04/2002CALENDAR NOTICE SENT
04/16/2002FiledACTION - Argued / Submitted
04/16/2002ARGUED (FA,RD,WH) W. Douglas Wham, Esq., for appellant. Lisa Hertzer Schertler, Esq., for appellee.
05/16/2002NOTICE RECEIVED - from aple re: notice of intent to seek leave of court to file supplemental brief
05/22/2002On consideration of appellee's notice of intent to seek leave of court to file supplemental brief, it is ORDERED any party so interested may, no later than June 7, 2002, file a supplemental brief on the applicability or non-applicability of the harmless error doctrine to the Sixth Amendment violation alleged to have occurred in the instant case. (FA, RD,WH)
06/07/2002APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
06/07/2002APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
12/12/2002CHANGE OF ADDRESS RECEIVED
03/06/2003FiledAFFIRMED Opinion
03/14/2003LETTER from AUSA Schertler re: Typographical error in slip opinion issued 3/6/03.
03/17/2003APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 4/22/03. no oppo
03/19/2003ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before April 22, 2003. (WA)
04/22/2003APLT'S PETITION FOR REHEARING/REHEARING EN BANC
04/28/2003ORDER 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)
05/08/2003APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSEto pet fro reh/reh en banc. no oppo
05/13/2003ORD GRT APLE MO TO EXT TM TO FILE ANSWER/RESPONSE to pet for reh/reh en banc on or before May 23, 2003. (WA)
05/22/2003APPELLEE'S OPPOSITION to aplt's pet for reh/reh en banc.
08/05/2003ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WATESTSCFARZRDGLWH)
08/14/2003MANDATE ISSUED
09/02/2003APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) W. Douglas Wham, Esquire for Cert. Pet.
11/04/2003NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
02/26/2004NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
06/20/2007APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL
06/20/2007MOTION TO RECALL THE MANDATE (RECVD in Circuit Court on 6/7/07). Denied
06/20/2007APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL
06/22/2007On consideration of pro se appellant's motion to recall mandate and motion for appointment of counsel, and it appearing that the mandate issued on August 14, 2003, it is ORDERED that the motiono to recall mandate is denied. It is ****** MORE ******
06/22/2007FURTHER ORDERED that the motion for appointment of counsel is denied as moot. (WH,FA,RD)