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United States Court Cases

District Of Columbia Court Of Appeals Record

MICHAEL STEVEN GORBEY V. UNITED STATES

Case Information: 10-CO-1075
Short Caption:MICHAEL STEVEN GORBEY V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Lead: 08-CF-1080 Consolidated:10-CO-1075
Superior Court or Agency Case Number:CF2-1552-08Filed Date:08/27/2010

Opening Event Date:08/27/2010Case Status:Decided/Dismissed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:05/18/2011
Argued/Submitted:10/27/2011
Disposition:Next Scheduled Action:
Mandate Issued:01/11/2013
ExpeditedCosts Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMichael Steven GorbeyY
Preston BurtonNN
AppelleeUnited StatesN
Elizabeth TrosmanNY

Events
Event DateStatusDescriptionResult
08/27/2010NOTICE OF APPEAL
09/23/2010 ORDERED that APPEAL NO. 10CO1075 IS HEREBY CONSOLIDATED W/APPEAL NO. 08CF1070. It is *****MORE*****
09/23/2010 FURTHER ORDERED that the MOTION TO WITHDRAW IS DENIED and appellant shall cooperate with counsel as no new counsel will be appointed... SEE HARDCOPY *****MORE*****
09/23/2010 FURTHER ORDERED that counsel for appellant shall W/N 60 DAYS from the date of this order, FILE HIS CONSOLIDATED BRIEF and LIMITED APPENDIX including the documents required by DC App.R. 30 (f). It is FURTHER ORDERED that APPELLANT PRO SE shall be permitted to file a PRO SE BRIEF addressing any additional issues that he wants the court to consider. APPELLANT'S PRO SE BRIEF shall be filed w/n 30 days after counsel has filed his brief and APPELLANT'S PRO SE BRIEF SHALL NOT EXCEED 25 PAGES. The BRIEF OF APPELLEE shall be filed either 30 days after appellant's pro brief is filed or 60 days after the filing of the brief by counsel, whichever is earlier. See DC App. R. 31. (FITHNW) (rm)
10/21/2010RECORD INDEX (10CO1075)
10/21/2010RECORD COPIES (10CO1075)
11/22/2010APPELLANT'S BRIEF (filed by counsel)
11/22/2010APPENDIX (Volumes I & II)(filed by counsel)
11/23/2010APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file supplement appendix no oppo
11/23/2010RECEIVED- aplt's supplement appendix
12/02/2010 On consideration of appellant's unopposed motion for leave to file the lodged supplemental appendix, it is ORDERED that the appellant's motion is granted and the lodged supplemental appendix is filed. It is FURTHER ORDERED that the appellee's brief remains due on or before January 21, 2011. (JAC)
12/02/2010SUPPLEMENTAL APPENDIX
12/02/2010RECEIVED - Aplt's motion for leave from provid- ing service of pro se appeal brief; motion to include more than 25 pages in brief and object- ions for note of record to all case parties
12/02/2010APLT MO FOR LEAVE TO FILE BRIEF IN EXCESS OF PAGES(filed pro-se) (served USAO)
12/02/2010RECEIVED - aplt's brief (USAO served)
12/02/2010RECEIVED - aplt's appdx (attached to brief) (filed pro se) (USAO served)
12/06/2010TMC - appellant's motion for leave to file (LODGED) brief in excess pages
12/08/2010 ORDERED that APPELLANT'S pro se MOTIONS TO FILE HIS PRO SE BRIEF that exceeds the page limitations se by the September 23, 2010 order ARE DENIED. It is FURTHER ORDERED that APPELLANT PRO SE MAY W/N 20 DAYS from the date of this order, FILE A PRO SE BRIEF addressing any additional issues that he wants the court to consider; HOWEVER, any filed pro se brief must comply w/the 9/23/10 order and shall NOT EXCEED 25 PAGES. The CLERK SHALL REJECT ANY PRO SE BRIEF that is lodged that does not comply w/the 9/23/10 order. The brief of appellee shall be filed 60 days from the date of this order. (FITHNW) (rm)
12/20/2010APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM (Appellant's pro se)(oral argument requested).
01/25/2011CHANGE OF ADDRESS RECEIVED by Atty Preston Burton (Party Screen updated)
01/31/2011APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 4/7/11. no oppo
02/07/2011 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 April 7, 2011. (JAC)
04/04/2011RECEIVED pro se letter from Appellant regarding ineffective assistance of court-appointed counsel.
04/06/2011APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/12/11.
04/06/2011LETTER referring to counsel for appellant the April 4 pro se letter received from appellant and directing a response from counsel within 20 days. (TN)
04/18/2011COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS w/ materials attached (renewed) Denied
04/20/2011TMC - counsel's motion to withdraw (w/attachment) - appellee's motion to extend briefing
05/12/2011APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES (no oppo)
05/12/2011RECEIVED - aple's brief
05/16/2011TMC - appellee's motion to file (LODGED) brief in excess pages
05/18/2011 ORDERED that COUNSEL'S MOTION TO WITHDRAW IS DENIED and appellant is directed to cooperate with counsel...It is *****MORE******
05/18/2011 FURTHER ORDERED that APPELLEE'S MOTIONS ARE GRANTED and the Clerk shall file the LODGED BRIEF OF APPELLEE. It is ****MORE****
05/18/2011APPELLEE'S BRIEF
05/18/2011BRIEFS COMPLETED
05/18/2011 FURTHER ORDERED, SS, that this APPEAL IS EXPEDITED and the Clerk is directed to place this matter on the SEPTEMBER 2011 CALENDAR. (BRTHKN)
05/18/2011FINAL SCREENING - REGULAR CALENDAR - TMC
05/18/2011LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING SEPTEMBER 2011 CALENDAR P. BURTON J. GIDEZ
05/24/2011LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (aple)
06/01/2011APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 6/14/11. no oppo
06/07/2011RECEIVED Appellant's addendum to counsel for unopposed motion for extension of time and incorporated motion to permit Appellant to file pro se reply brief (marxb still pend).
06/08/2011LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
06/08/2011TMC - counsel's motion for appellant to file pro se brief
06/08/2011CHANGE OF ADDRESS RECEIVED P.O. Box 24550--Tucson, AZ 85734
06/08/2011RECEIVED Appellant's pro se Barb (Maxrb still pend).
06/14/2011RECEIVED - Appellant's Reply Brief (filed by pro bono counsel)
06/14/2011APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file supplemental appendix in support of Reply Brief (unopposed)
06/14/2011RECEIVED - Supplemental Appendix in support of Reply Brief
06/17/2011FINAL SCREENING - REGULAR CALENDAR
06/20/2011 ORDERED that APPELLANT'S MOTIONS FOR LEAVE TO FILE the lodged reply brief and supplemental appendix ARE GRANTED and the Clerk shall file the lodged reply brief and supplemental appendix. It is FURTHER ORDERED that the MOTION FOR LEAVE TO FILE the PRO SE lodged supplmental reply brief IS GRANTED and the Clerk shall file the lodged PRO SE supplemental reply brief. (GLRDTE)
06/20/2011APPELLANT'S REPLY BRIEF
06/20/2011APPENDIX - SUPPLEMENTAL APPENDIX
06/20/2011APPELLANT'S REPLY BRIEF (PRO SE SUPPLEMENTAL)
07/18/2011FiledChange Of Address Received From Atty Burton
07/27/2011FiledACTION - Calendar notice sent
08/11/2011FiledOrder Sua Sponte removing from the Regular Calendar of September 22, 2011
08/19/2011FiledFinal Screening Regular Calendar
08/25/2011FiledSupplemental Record#14 (33-pgs/tape 1/23/08 proc)
08/25/2011FiledSupplemental Record #15 (9-pgs/tape 2/4/08 proc.)
08/25/2011FiledSupplemental Record#16 (26-pgs/tape 7/11/08 proc.)
09/01/2011FiledACTION - Calendar notice sent
09/01/2011FiledMotion to permit aplt to attend oral argument and argue pro se brief and incorporated notice of aplt's chandge of address. (Appellant)
09/21/2011FiledOrder Denying pro se aplt's motion to attend oral argument.
10/19/2011FiledRule 28(k) Citation Of Supplemental Authority (Appellant)
10/24/2011FiledRule 28(k) Citation Of Supplemental Authority (Appellee)
10/27/2011FiledArgued before Judges Blackburne-Rigsby, Thompson, Pryor Preston Burton, Esq. for appellant John P. Gidez, Esq. for appellee
01/13/2012LodgedReceived courtsey copy of order from superior court dated 1/11/12 signed by J.Gregory Jackson (Appellant)
02/03/2012LodgedLetter regarding conflict of interest with court-assigned counsel's representation From (Appellant)
03/01/2012FiledSupplemental Record #17 (7 pgs/Burr 4/15/08 proc.)
05/31/2012FiledMotion for transcription of oral agrument. (Appellant)
09/07/2012LodgedPetition For Rehearing/Rehearing En Banc (Appellant)
09/18/2012FiledLetter To Preston Burton, Esq. referring Gorbey's letter and forwarding to him an audio recording of the 10/27/11 oral argument
09/20/2012FiledRemanded (OPINION) (Blackburne-Rigsby and Thompson, Associate Judges, and Pryor, Senior Judge.)
09/26/2012FiledMotion For Extension Of Time to File petition for rehearing/rehearing en banc. (Appellant)Granted
10/01/2012FiledCounsel's Motion To Withdraw (Appellant)Granted
10/19/2012FiledORDERED that the motion to withdraw is granted, and the appearance of Preston Burton, Esquire, is hereby withdraw as counsel of record. F/O that appellant's motion to proceed pro se is granted. F/O that the motion for extension of time to file a petition for rehearing or rehearing en banc is granted to the extent that appellant's pro se petition for rehearing en banc is filed.
10/19/2012FiledMotion To Appoint Counsel (Appellant)Granted
10/19/2012FiledPetition For Rehearing/Rehearing En Banc (Appellant)Denied
01/03/2013FiledOrder Denying appellant's petition for rehearing en banc.
01/11/2013FiledMandate
06/11/2013FiledMotion To Recall The Mandate (Appellant)Denied
06/11/2013FiledMotion to Clarify Opinion dated September 20, 2012 (Appellant)Denied
06/14/2013FiledTMC//MOTION TO RECALL THE MANDATE//MOTION TO AMEND//SECOND MOTION TO RECALL
06/25/2013FiledSecond Motion To Recall The Mandate (Appellant)***********CONSTRUED AS MOTION TO SUPPLEMENT the MOTION TO RECALL MANDATEGranted
07/30/2013FiledORDER GRANTING APPELLANT'S MOTION TO SUPPLEMENT and the CLERK SHALL FILE the EXHIBITS to the MOTION TO RECALL MANDATE and DENYING the MOTION TO CLARIFY and DENYING the MOTION TO RECALL MANDATE
09/30/2013LodgedLetter From Appellant requesting the Clerk or Defense Counsel to retrieve & provide court orders needed for Writ of Certiorari (Appellant)
10/18/2016FiledMotion to Correct Clerical Error (Appellant Gorbey)Granted
10/18/2016FiledLetter From Pro-Se Appellant (Tilted As: Formal Complaint on Clerks Office) (Appellant Gorbey)
10/21/2016FiledOrder Granting motion to correct clerical mistake - 7/30/13 order is re-issued to reflect correct lower court number