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United States Court Cases

District Of Columbia Court Of Appeals Record

ROGER H. CORLEY V. UNITED STATES

Case Information: 94-CO-0058
Short Caption:ROGER H. CORLEY V. UNITED STATESClassification:Appeals - Criminal Other - Other Criminal
Lead:94-CO-0058Consolidated: 97-CO-0184
Superior Court or Agency Case Number:F44575-75Filed Date:01/07/1994

Opening Event Date:01/07/1994Case Status:Closed
Record Completed:03/01/1994Post-Decision Matter Pending:
Briefs Completed:07/09/1997
Argued/Submitted:05/13/1999
Disposition:Next Scheduled Action:
Mandate Issued:09/30/1999
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRoger H. Corley YPro SeN
AppelleeUnited StatesN
John R. Fisher NN
Barbara E. KittayYY

Events
Event DateStatusDescriptionResult
01/07/1994NOTICE OF APPEAL
03/01/1994RECORD ON APPEAL
03/01/1994RECORD COMPLETED
03/07/1994ORDER: Appellant shall, within 30 days from the date of this order, file the docketing statement , accompanied by a motion for leave to file the docketing statement out of time, setting forth good cause for the failure either to timely file the docketing statement or to request an extension of time within which to do so. Failure to comply with this court may result in the dismissal of this appeal. See D.C. App. R. 14. (By: WHN)
03/31/1994APPELLANT'S MOTION FOR LEAVE TO FILE DS.
03/31/1994RECEIVED - APPELLANT'S DOCKETING STATEMENT.
03/31/1994APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS
03/31/1994APPELLANT'S MOTION FOR APPOINTMENT OF COUNSEL.
04/19/1994LETTER filed by pro-se appellant in reference to being transferred to another facility.
04/28/1994CHANGE OF ADDRESS RECEIVED of pro-se appellant: Roger H. Corley CTF C2A RM.197 1901 E Street, S.E. Washington, D.C. 20003
05/05/1994RECEIVED letter filed by appellant, in reference to pleadings he filed with the Court of Appeals.
05/06/1994CHANGE OF ADDRESS RECEIVED by pro-se appellant: Roger H. Corley CTF Unit C2A - Room 197 1901 E Street, S.E. Washington, D.C. 20003
05/26/1994TMC - 3/31 aplt's mo to proceed in forma pauperis 3/31 aplt's mo for appointment of counsel 3/31 aplt's mo for lv to file docketing stmt
07/12/1994LETTER from appellant advicing the court as to the status of his stay at CTF.
07/22/1994ORDER GRANT APLT MO TO PROCEED IN FORMA PAUPERIS. (More)
07/22/1994ORDER GRANTING APLT MO FOR APPOINTMENT OF COUNSEL, and Jon A. Frank, Esquire, is appointed to represent appellant on appeal. (More)
07/22/1994ORDER GRANTING APLT MOTION FOR LEAVE TO FILE DS, and the Clerk shall file the lodged docketing statement. 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. (By: ST, SC, KN) (DAS)
07/22/1994APPELLANT'S DOCKETING STATEMENT
07/22/1994APPOINTING COUNSEL/CO REFERRAL (CJA) Jon A. Frank, Esq.
07/27/1994RECEIVED letter from appellant regarding his case.
07/29/1994LETTER to appellant in response to his letter received on 7/27/94 regarding case. (JAC)
07/29/1994RECEIVED - of aplt re: case on appeal
08/17/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF
09/07/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF on or before September 30, 1994. Any further request for an extension of time will be looked upon wit disfavor and granted only upon a showing of good cause. (WHN).
09/09/1994LETTER - from aplt re: attorney on case
09/13/1994LETTER referring to counsel the 9/9/94 letter from appellant. (JAC)
09/28/1994LETTER -from attorney in response to letter of 9/13/94
09/29/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
09/30/1994LETTER to counsel indicating no response to 9/13/94 letter from court. (JAC)
10/21/1994ORDER: 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 30, 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)
10/28/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF
11/30/1994ORDER: 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)
01/04/1995APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF
02/03/1995ORDER: Grant the motion of appellant for an extension of time within which to file the brief and the brief of appellant shall be filed within 30 days from the date of this order. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (By WHG)
03/16/1995RECEIVED - courtsey copy of motion filed in superior court motion for for transcript
05/10/1995STATEMENT - of aplt regarding status of transcript
08/07/1996COUNSEL'S MOTION TO WITHDRAW (ANDERS) Denied as Moot
08/07/1996APPELLANT'S BRIEF
08/22/1996ORDER: Appellant shall file by September 27, 1996, 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)
08/22/1996In 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. (By: GP)
09/04/1996APPELLANT'S OPPOSITION to aplt's counsel anders mot. to withdraw
09/04/1996APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for rt's
09/05/1996TMC - Aplt's motion in oppo. and objection to aple's counsel jon a. frank motion for withdraw under anders v. california - Aplt's misc. procedural for rt's - Aplt's request for additional time to file response (9/25/96)
09/18/1996RECEIVED appellant's motion for assistance of a active advocate as recognized in ANders V. California 385 U.S. 738
09/25/1996APLT MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSE
10/10/1996RECEIVED - aplt's answer/response to the court of appeals order showing cause why cousel 's motion should not be granted in the consolidated appeal number 94 co 58 and 94 sp196
02/14/1997RECEIVED - pro se request for status of appeal
05/13/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION- to allow the court appointed appellate counsel to withdraw from appeal number 94 co 58 and allow aplt to proceeded on appeal 94 co 58 by pro-se
05/13/1997RECEIVED aplt's Roger H. Corley pro-se Supplemental Brief under the mandates of Murray v. Carrier 477 U.S. at 496 (1986)
06/06/1997APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/9/97
06/10/1997ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to allow counsel to withdraw, and the appointment of Jon A. Frank, Esquire, as counsel for appellant is hereby vacated. (by: SCRZKN)
06/10/1997ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for assistance of an active advocate to file a supplemental brief, construed as a motion for appointment of new counsel AS MOOT. F/O, sua sponte, that the dockets of this court and the trial court shall be corrected to indicate that this is an appeal of the trial court entered on February 3, 1993, and docketed on March 3, 1993. (by: SCRZKN)
06/10/1997ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to proceed pro se, and the Clerk shall file appellant's lodged pro se supplemental brief. (by: SCRZKN)
06/10/1997APPELLANT'S SUPPLEMENTAL BRIEF (Pro SE)
06/10/1997ORDER DENY COUNSEL MOTION TO WITHDRAW (ANDERS) AS MOOT. (by: SCRZKN)
06/10/1997ORDERED that appellant (pro se) motion for production of transcripts and other material documents is referred to the merits division. (by: SCRZKN)
06/10/1997ORDER GRANTING APPELLANT'S (PRO SE) REQUEST to file a pro supplemental brief raising additional matter to the extent that this opposition and objections to counsel's Anders motion and response to this court's August 22, 1996, order to show cause why counsel's Anders motion should not be granted shall be treated as additional supplemental briefs. (by: SCRZKN)
06/10/1997APPELLANT'S SUPPLEMENTAL BRIEF (Pro Se) (Opposition and objection to Anders deemed appellant's additional supplemental brief)
06/10/1997APPELLANT'S SUPPLEMENTAL BRIEF (Pro Se) (Appellant's pro se response to to 8/22/96 OTSC deemed as additional supplemental brief)
06/10/1997ORD DENY APLT MO TO EXT TM TO FILE ANSWER/RESPONSE AS MOOT. (by: SCRZKN)
06/10/1997ORD GRANT APLE MOTION TO EXTEND TIME TO FILE BRIEF and the brief of appellee shall be filed on or before July 9, 1997. (by: SCRZKN)
06/23/1997APPELLEE'S MOTION TO CONSOLIDATE 94 CO 58 with 97 CO 184
07/02/1997APPELLANT'S OPPOSITION to mot to consolidate
07/09/1997APPELLEE'S BRIEF (for 94-CO-58 and 97-CO-184) (vvd)
07/09/1997BRIEFS COMPLETED
07/24/1997APPELLANT'S REPLY BRIEF
07/28/1997ORDER, SUA SPONTE, CONSOLIDATING APPEALS and appeals nos. 94-CO-58 and 97-CO-185 are consolidated for all purposes herein. F/O that these appeals shall be scheduled for consideration before a merits division of this court as soon as the calendar permits. (BY: AWM) sw
08/05/1997APPELLANT'S MOTION FOR STAY
08/07/1997FINAL SCREENING - SUMMARY CALENDAR I
08/08/1997APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - to make aple to make part of record
08/11/1997TMC - Aplt's motion for stay - Aplt's motion to have aple make part of the record omitted material - Aplt's motion to strike aple's brief
09/22/1997APPELLANT'S MOTION TO STRIKE aple's brief
10/27/1997ORDERED that the motion of appellant to stay is held in abeyance pending appellee's response to appellant's motion to stay. *** MORE ***
10/27/1997ORDERED that appellee shall file its response to appellant's motion to stay within 20 days from the date of this order. *** MORE ***
10/27/1997ORDERED that appellee shall supply the court with copies of the request transcripts if available in order for the transcripts to be certified and transmitted to appellant. *** MORE ***
10/27/1997ORDERED that the motions of appellant pursuant to D.C. App. R. 10 (e) and to strike appellee's brief shall be treated as additional supplemental pro se briefs of appellant. *** MORE ***
10/27/1997ORDERED that appellee is directed to respond to the argument advanced in the brief of Jon Frank, Esquire and to any other arguments advanced by appellant in his pro se supplemental briefs not already addressed in appellee's brief filed on July 9, 1997. *** MORE ***
10/27/1997ORDERED that appellee shall file its supplemental brief within 30 days of filing the directed response to the motion of appellant to stay appeal. (by: SCRZKN)
11/17/1997APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSE
11/19/1997TMC - Aple's motion motion to extend time to file response
12/18/1997ORD GRT APLE MO TO EXT TM TO FILE ANSWER/RESPONSE to appellant's motion for stay, and the response shall be filed on or before December 29, 1997. Any further request for an extension of time will be looked upon with disfavor and granted only upon extraordinary circumstances. (by: SCRZKN)
01/16/1998MISCELLANEOUS - aplt's written notice w/respect to aple's disobedience to the DCCA order
01/16/1998TMC - Aplt's motion for summary reversal - Aplt's motion for sanction - Aplt's request status of summary reversal - Aplt's written notice
02/05/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for sanction
03/09/1998MISCELLANEOUS aplt's request to know the status of mot for summary reversal
03/09/1998NOTICE RECEIVED -- third written notice or and legal pleading directed to aple's on going disobendience to DC Court of Appeals lawful order
04/06/1998ORDER DENY APPELLANT MOTION FOR SUMMARY REVERSAL *** MORE ***
04/06/1998ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION for sanctions. *** MORE ***
04/06/1998ORDER DENYING APPELLANT MOTION TO STAY appeal pending receipt of transcripts. See D.C. App. R. 10 (d). F/O that appelle shall, within 30 days from the date of this order, file its supplemental brief as directed in this court's October 27, 1997, order. (by: SCRZKN)
05/06/1998APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEF to 30 days
05/19/1998ORD GRANT APLE MO TO EXT TIME TO FILE SUPPL BRIEF and the supplemental brief of appellee shall be filed on or before June 5, 1998. (BY: GPJ)
06/04/1998APLE MOTION TO EXT TIME TO FILE SUPPLEMENTAL BRIEFfor 30 days
06/16/1998APPELLANT'S OPPOSITION to aple's 3rd mot for ext of time to file supp brief
07/06/1998RECEIVED - aple's supplemental brief and appendices
07/21/1998ORDER GRANT APLE MISCELLANEOUS PROCEDURAL MOTION to withdraw the motion to consolidate is granted. FO that the motion of appellee to consoldiate appeals nos. 94-CO-58 and 97-CO-184 w/ appeal no. 94-SP-196 is hereby withdrawn. (By: AMW)
07/22/1998ORD GRANT APLE MO TO EXT TIME TO FILE SUPPL BRIEF to the extent that the lodged supplemental brief of appellee is filed. (BY: AMW)
07/22/1998APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
07/24/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file additional pages with respect to these appeals (Construed as a MALRB -ee)
08/18/1998ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief of appellant is filed. (BY: GPJ)
08/18/1998APPELLANT'S REPLY BRIEF
11/19/1998APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION- to enforce 10/27/97 order (vvd)
01/04/1999TMC - Aplt's motion requesting court to direct aple to supply court with requested transcript
02/26/1999ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION requesting enforcement of this court's October 27, 1997, order AS MOOT. F/O that these appeals shall be scheduled for consideration before a merits division as soon as the calendar permits. (by: SCRZKN)
03/08/1999LETTER- from aplt re: case on appeal
03/29/1999CALENDAR NOTICE SENT
04/22/1999APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION request that the highest court of the District of Columbia will take Judicial notice of plain error
05/06/1999APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION for sanctions and memorandum in support
05/13/1999FiledACTION - Argued / Submitted
05/13/1999SUBMITTED (WG,ST,SC)
05/24/1999NOTICE RECEIVED -from aple of second attempt to effect ervice of aple's motion for sanctions and supporting memorandum
06/07/1999APPELLANT'S MOTION TO STRIKE along with oppo to aple's motion for sanction and memo in support combine with aplt's motion requestunder D.C. aplt rule 10 (e) of procedure (oppo sent back for motion to late file ) o ppo due: 5/18/99
06/16/1999LETTER to appellant asking that he forward a copy of the opposition to appellee's motion for sanctions that he said he filed with this court in his motion to strike. (JAC)
06/21/1999AFFIRMED MOJ (WG,ST,SC)
06/21/1999ORDER (WG,ST,SC) Appellant's pro se motion to take judicial notice of plain error and motion for production of documents, are denied as moots.
07/06/1999APLT MOTION FOR LEAVE TO FILE PET FOR REHEARING EB IN EXCESS OF PAGE LIMIT
07/06/1999RECEIVED appellant's pro se petition for rehearing en banc
07/15/1999ORD GRT APLT MOTION FOR LV TO FILE PET FOR REH EB and the Clerk is directed to file the lodged petition. (WA)
07/15/1999APPELLANT'S PETITION FOR REHEARING EN BANC
09/16/1999MISCELLANEOUS of written notice of disability
09/17/1999ORDER that the Clerk of this court shall hereafter refuse to accept for filing any prospective pro se submission by Roger H. Corley, Jr., seeking review of the denial of a petition for writ of habeas corpus or a motion for new trial pursuant to Super. Ct. Crim. Rules 33 or 35 or DC Code Sec. 23-110, issuance or review of the denial of a writ of mandamus or coram nobis, or review of the denial of any other relief sought in a civil action against the United States, the District of Columbia, this court, or the Superior Court, or against any past or present employee or agent of such governmental body or court, or against any attorney who has represented Corley in a criminal case before a court of the District of Columbia, unless such submission is accompanied by an order issued by a member of the court pursuant to D.C. App. R. 27(c) granting Corley leave to file. In the event that Corley applies for leave of court, in conformity with paragraph 1, to file a submission of the kind for which leave of court is required, the Clerk, in presenting such an application to the court, shall place in the file a copy of this order. (WA,ST,SC)
09/22/1999ORDER DENYING APLT PETITION FOR REHEARING EN BANC (EB) (Judges Terry and Farrell are recused from these cases.)
09/30/1999MANDATE ISSUED
10/04/1999error
10/04/1999NOTICE RECEIVED -from aple of second attempt to effect service of aple's motion for sanctions and supporting memorandum
11/02/1999APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION for leave to file mot to publish.
11/02/1999RECEIVED - aple's mot to publish
11/24/1999ORDER On consideration of appellee's motion for leave to file out of time and lodged motion to publish this court's order filed September 17, 1999, and there appearing to be no opposition thereto, it isORDERED that the motions are granted and the lodged motion to publish is filed. It is F/O thatthe Clerk shall publish this court's order filed Sept ember 17, 1999, as of this date.
11/24/1999APPELLEE'S MISCELLANEOUS SUBSTANTIVE MOTION To Publish
04/18/2000NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
05/17/2000NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
05/02/2001APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for clarification of panel order dated 9/17/99. (Served by: DCCA on 5/2/01)
06/15/2001On consideration of pro se appellant's motion/request for leave seeking clarification or correction of this court's orders of September 17, 1999, and November 24, 1999, it is ORDERED that the motion/request is denied. (WASTSC)