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United States Court Cases

District Of Columbia Court Of Appeals Record

MARVIN T. CRADLE, JR. V. UNITED STATES

Case Information: 92-CF-0552
Short Caption:MARVIN T. CRADLE, JR. V. UNITED STATESClassification:Appeals - Criminal Felony - Burglary
Superior Court or Agency Case Number:F2908-91Filed Date:04/30/1992

Opening Event Date:04/30/1992Case Status:Closed
Record Completed:11/03/1992Post-Decision Matter Pending:
Briefs Completed:04/05/1993
Argued/Submitted:10/03/1995
Disposition:Next Scheduled Action:
Mandate Issued:11/09/1995

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMarvin T. Cradle, Jr.N
Paul J. RileyYN
AppelleeUnited StatesN
John R. Fisher NN
Lori A. Green YN

Events
Event DateStatusDescriptionResult
04/30/1992NOTICE OF APPEAL
05/18/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Myrtle E. Wyre, Esq.
05/26/1992COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
06/03/1992COURT REPORTER MO TO EXTEND TIME TO FL TRANSCRIPT of 1/29/92 proc. to 9/7/92. (crt rptr Hilton)
06/19/1992RECORD ON APPEAL
07/02/1992ORDER: Grant the motion of counsel for appellant to withdraw and the appointment of Myrtle E. Wyre,Esquire, is vacated, and Paul J. Riley, Esquire, is appointed to represent appellant herein. Myrtle E. Wyre, Esquire, shall transmit all documents to this appeal to newly-appointed counsel forthwith. (By RO)
07/02/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Paul J. Riley, Esq.
07/16/1992SUPPLEMENTAL RECORD - #1 (16 pgs/schertzer) proc. 2/3/92
07/24/1992ORDER: Counsel for appellant shall file the docketign statement within 10 days from the date of this order. Failure to do so may result in his appointment being vacated and his name being removed from the panel of attorneys authorized to receive appointments under the Criminal Justice Act. (By RO)
07/28/1992APPELLANT'S DOCKETING STATEMENT
09/09/1992SUPPLEMENTAL RECORD #1 (300 pgs. -- Ransom-Jones) (1/30-31/92 proceedings)
09/10/1992SUPPLEMENTAL RECORD #2 (order Judge Milliken dtd 9/1/92.)
11/03/1992RECORD COMPLETED
11/03/1992SUPPLEMENTAL RECORD #3 (147-pgs/simms 2/4/&5/92 proc.)
11/10/1992ORDER: 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)
11/23/1992ORD GRT CRT REPORTER MO TO EXT TM TO FL TRANSCRIPT of 1/29/92 proc. to 11/30/92. (crt rptr Hilton)
12/18/1992APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to February 4, 1993 (no oppo).
12/23/1992ORDER: Grant the motion of appellant for an extension of time within which to file his brief and the brief of appellant shall be filed on or before February 4, 1993. Any further request for an exte nsion of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
02/03/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 3/6/93. (no oppo.)
02/11/1993ORDER: Grant the motion of appellant for an extension of time within which to file his brief and the brief of appellant shall be filed on or before March 6, 1993. Any further request for an extension of time will be looked upon with disfavor and granted only in extraordinary circumstances. (By WHN)
03/08/1993APPELLANT'S BRIEF
04/05/1993APPELLEE'S BRIEF
04/05/1993BRIEFS COMPLETED
04/30/1993FINAL SCREENING - SUMMARY CALENDAR I
06/14/1993APPELLANT'S MOTION TO HOLD CASE IN ABEYANCE
07/12/1993COUNSEL'S MOTION TO WITHDRAW (ANDERS)
08/03/1993APPELLANT'S MOTION TO STRIKE counsel request to withdraw as counsel on appeal. supplement to appicable law previously filed herein and aplt's outline to appellate counsel and not for filing purpose
08/16/1993TMC - 6/14/93 MAHA, 7/12/93 ANDERS & 8/3/93 MASTK
10/25/1993RECEIVED pro se letter from appellant requesting status of pending motions.
02/02/1994ORDER Motion of counsel for appellant for leave to withdraw and motion of appellant to strike appellate counsel's request to withdraw are held in abeyance and counsel for appellant in 20 days to file a brief in accordance with anders v. California, 1386 U.S. 738 (1967); the motion of appellant to hold the direct appeal is abeyance is denied as moot. (By KG-RY-MK)
02/22/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (anders brief) to April 23, 1994
03/24/1994ORDER GRANTING appellant's motion to extend time to file an Anders brief on or before April 23, 1994. (By KG-RY-MK)
04/05/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF FOR FORTY (40) DAYS.
04/21/1994SUPPLEMENTAL RECORD #4 (4 pages--Champ) (6/25/91 proc.)
05/04/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant shall file a brief in accordance with Ansers v. United States on or before June 2, 1994. (By KG-RY-MK)
06/02/1994APPELLANT'S BRIEF (Anders) and renewed request to withdraw as counsel on appeal.
07/07/1994In the Above case, your court-appointed counsel has filed a motion to withdraw from this appeal. If you wish, you may file a response to your attorney's motion by the date set forth in the attached order. In your response, you should set out your reasons why your attorney should not be permitted to withdraw. You may also set forth any grounds for appeal you believe you may have. In the event you need additional time within which to respond, you must advise the court in writing using the self addressed stamped envelope provided. After your response has been received or the time for filing has expired, the motion and any response you may make will be submitted to the court for its consideration. The court will also review the record of the trial proceedings including the court reporter's transcript. If the court concludes the appeal lacks merit and grants the motion of your court-appointed counsel to withdraw, the appeal may be dismissed. Therefore, it is important that you file a response to the motion if your believe there are grounds for appeal.
07/07/1994ORDER: Appellant shall file by August 22, 1994, any response showing cause why counsel's motion should not be granted, the appeal dismissed, and the judgment from which the appeal was taken affirmed. Failure to respond shall result in the motion being submitted for decision on the motion and record alone. (By AMW)
07/12/1994STATEMENT filed by appellant's counsel in response to the order of this court dated July 7, 1994.
08/11/1994RECEIVED letter filed pro-se, requesting another Court of Appeals attorney.
08/24/1994TMC - 8/11 Ltr of aplt responding to Anders
01/31/1995ORDER that the motion of appellant pro se to strike the motion to withdraw as counsel, is construed as a response to the motion to withdraw. (by: KGREMK)
01/31/1995JUDGMENT GRANT COUNSEL MOTION TO WITHDRAW (ANDERS)to the extent that the appointment of Paul J. Reily, Esquire, is hereby vacated, and
01/31/1995APPOINTING COUNSEL/CO REFERRAL (CJA) Jennifer A. Jones, Esq.
02/24/1995ORDER that appellant shall, within 20 days from the date of this order, advise this court whether a supplemental brief will be filed on behalf of appellant. (by: NG)
03/13/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for enlargement of time in which to advise the court of intent to file a supplemental brief.
04/06/1995ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for enlargement of time in which to advise the court of intent to file a supplemental brief, to the extent that the supplemental brief, if any, shall be file on or before April 12, 1995. (By WHG)
04/25/1995APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF for 30 days
05/11/1995APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF
05/26/1995APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF and other motions
06/09/1995COUNSEL'S MOTION TO WITHDRAW (ANDERS)
06/13/1995TMC - 6/9 Motion to withdrawn
07/10/1995ORD GRANT APLT MO TO EXT TIME TO FILE SUPPL BRIEF (by: KGGAMK)
07/10/1995ORDER GRANTING APLT'S MOTION TO WITHDRAW and the appointment of Jennifer A. Jones, Esquire, is hereby vacated. F/O that the motion of appellant to reinstate Paul J. Riley, Esquire, as appellant's attorney of record is granted, and Jennifer A. Jones, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. F/O that this case shall be scheduled for consieration before a merits division of this court as soon as the calendar permits. (by: KGGAMK)
09/11/1995LETTER FROM COUNSEL REQUESTING ORAL ARGUMENT (appellant's counsel) Granted
09/13/1995LETTER TO COUNSEL GRANTING REQUEST TO ARGUE
10/02/1995STATEMENT - aplt's citation of supplemental authorities
10/03/1995FiledACTION - Argued / Submitted
10/03/1995ARGUED (FE,KG,NW) Paul J. Riley for appellant Thomas J. Tourish for appellee
10/18/1995AFFIRMED MOJ (FE,KG,NW)
11/09/1995MANDATE ISSUED