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United States Court Cases

District Of Columbia Court Of Appeals Record

ROBERT FOSTER, JR. V. UNITED STATES

Case Information: 92-CF-1322
Short Caption:ROBERT FOSTER, JR. V. UNITED STATESClassification:Appeals - Criminal Felony - Robbery Related
Superior Court or Agency Case Number:F12092-91Filed Date:10/28/1992

Opening Event Date:10/28/1992Case Status:Closed
Record Completed:04/15/1993Post-Decision Matter Pending:
Briefs Completed:12/13/1993
Argued/Submitted:05/20/1996
Disposition:Next Scheduled Action:
Mandate Issued:06/17/1996

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantRobert Foster, Jr.N
Arthur H. Fawcett, Jr.YN
AppelleeUnited StatesN
John R. Fisher NN
Jeanne Hauch YN

Events
Event DateStatusDescriptionResult
10/28/1992NOTICE OF APPEAL
11/09/1992APPOINTING COUNSEL/CO REFERRAL (CJA) Cynthia W. Lobo, Esq.
11/18/1992APPELLANT'S DOCKETING STATEMENT
12/18/1992RECORD ON APPEAL
01/14/1993SUPPLEMENTAL RECORD - #1 (54 pgs/Peterson-Hart) 8/27/92 proc.
02/12/1993SUPPLEMENTAL RECORD #2 REPORTERS TRANSCRIPT (PROC.8/26/92- PG. 1 of 178-REPORTER-SWARINGER).
04/15/1993SUPPLEMENTAL RECORD - #3 (111 pgs/Marshall) 8/24/-25/92 proc.
04/15/1993RECORD COMPLETED
05/20/1993ORDER: 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)
06/18/1993LETTER referring to counsel for aplt copies of correspondence relating to a claim of ineffective assistance of counsel. (JAC)
06/23/1993COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
07/16/1993ORDER: Grant the motion of counsel for appellant to withdraw and the appointment of Cynthia W. Lobo_____, Esquire, is vacated, and Ann C. Wilcox_______, Esquire, is appointed to represent appellant herein. Cynthia W. Lobo_____, Esquire, shall transmit all documents to this appeal to newly-appointed counsel forthwith. F/O that the brief of appellant shall be filed within 40 days from the date of this order. (BY JWR)
07/16/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Ann C. Wilcox, Esq.
08/25/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 9/22/93 - no oppo
08/26/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFto 9/22/93.
09/23/1993APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 3 additional weeks (no oppos)
10/01/1993ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFon or before October 14, 1993. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (by: Ng)
10/22/1993ORDER that 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 may result in counsel's appointment being vacated. (by: Ng)
11/08/1993RECEIVED: Appellant's brief (evh)
11/08/1993APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF. (no oppo.)
11/10/1993ORDER GRANTING APLT MOTION FOR LEAVE TO FILE BRIEFand lodged brief is filed. FO brief of appellee shall be filed on or before 12/13/93.
11/10/1993APPELLANT'S BRIEF
12/13/1993APPELLEE'S BRIEF
12/13/1993BRIEFS COMPLETED
12/20/1993SUPPLEMENTAL RECORD - #4 (97-pgs/bremen 8/4/92 proc.)
01/05/1994FINAL SCREENING - REGULAR CALENDAR
03/21/1994APPELLANT'S MOTION FOR STAY pending remand.
03/22/1994Trans to division aplt's motion to stay appeal pending remand filed 3/21/94
03/22/1994ORDER - Grant aplt's motion to stay appeal in which counsel indicates a motion will be filed in the trial court pursuant to D.C. Code 23-110, it is ORDERED that this appeal is removed from the regular calendar of March 23, 1994, and further proceedings in this appeal stayed until further order of this court. It is F/O that within 30 days from the date of this order, counsel for appellant shall advise this court as to the status of the proceedings in the trial court. If a motion filed in the the trial court pursuant to D.C. Code 23-110 is denied, review of that denial may be south only by filing a separate notice of appeal, after which the two appeals will be consolidated. See Hall v. U.S., 559 A.2d 1321, 1322 (D.C. 1989). SCFAWA
03/22/1994CASE STAYED -- 23:110
05/02/1994ORDER: Counsel for appellant shall, within 15 days from teh date of this order, file the status statement, accompanied by a motion for leave to file the status statement out of time. The motion should set forth good cause for the failure either to timely file the statement or to request an extension of time within which to do so. Failure to comply may result in counsel's appointment being vacated. (By: WHN)
05/19/1994STATEMENT filed by appellant regarding status of motion directed to the trial court.
07/26/1994ORDER: Counsel for appellant shall advise this court, within 30 days from the date 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. US, 559 A.2d 1321, 1322 (D.C. 1989). (By WHG)
11/15/1994ORDER -Counsel for appellant shall, advise this court within 30 days from the date of this order, as to the status of the proceedings in the trial court, accompanied by a motion for leave to file the status out of time. The motion should set forth good cause for the failure either to timely file the status or to request an extension of time withinwhich to do so. Failure to comply may result in counsel's appointment being vacated. (By WHG)
01/04/1995ORDER - The appointment of Ann C. Wilcox, Esquire,is hereby vacated and Arthur H. Fawcett, Jr., Esquire, is appointed to represent appellant herein. Ann C. Wilcox, Esquire, shall transmit all documents pertaining to this appeal to newly appointed counsel forthwith. F/O that counsel for appellant shall advise within 30 days from the date of this order, as to the status of the pending motion filedin 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 AMW)
01/04/1995APPOINTING COUNSEL/CO REFERRAL (CJA) Arthur H. Fawcett, Jr., Esq.
01/27/1995LETTER from newly-appointed counsel in response to order of January 4, 1995.
04/12/1995LETTER from aplt counsel re 23-110 filed in Superior Court 3/30/95
04/25/1995ORDER: 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)
05/30/1995ORDER: Counsel for appellant shall advise this court, within 15 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)
06/07/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
07/25/1995ORDER: 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)
08/01/1995APPELLANT'S ANSWER/RESPONSE to order directing that counsel advise the Court of Appeals as to the status of the pending motion filed in the Superior Court pursuant D.C. Code 23-110.
08/29/1995RECEIVED - order from Sup. crt by Judge Walton re 23-110
10/04/1995NOTIFICATION TO COURT OF APPEALS OF DECISION BY SUPERIOR COURT ON MOTION FOR HEARING TO ADDRESS CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.
11/02/1995NOTIFICATION TO COURT OF APPEALS OF DECISION BY SUPERIOR COURT ON MOTION FOR HEARING TO ADDRESS CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL AND FILING OF NOTICE OF APPEAL OF DENIAL OF HEARING.
11/07/1995ORDERED that appellant shall, within 15 days from the date of this order, show cause why the stay of this appeal should not be vacated and briefing resumed. (BY: AMW)
11/07/1995RECEIVED notification to Court of Appeals of decision by Superior Court on motion for hearing to address claim of ineffective assistance of trial counsel and filing of notice of appeal of denial of hearing filed by appellant's counsel.
11/09/1995MISCELLANEOUS - supplemental notification to court of appeals of decision by superior court on motion for hearing to address claim of ineffective assistance of trial counsel and filing of notive of appeal of denial of hearing to response filed on 11/7/95
01/11/1996APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
03/01/1996ORDERED, sua sponte, that the stay entered by this court on March 22, 1994, is hereby vacated. F/O tht appellee may, within 20 days from the date of this order, file a supplemental brief, if any, addressing the new issues raised by appellant. F/O that this case shall be scheduled for consideration before a merits division as soon as the calendar permits. (BY: JAT).
03/01/1996PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
05/13/1996APLE MOTION FOR LV TO FILE SUPPLEMENTAL BRIEF/MEMO(unopposed)
05/13/1996RECEIVED supplemental brief for appellee
05/20/1996FiledACTION - Argued / Submitted
05/20/1996ARGUED (WG,SC,FA) Arthur H. Fawcett Jr. ,Esquire, for appellant. Jeanne Hauch, Esquire, for appellee.
05/21/1996ORD GRT APLE MO FOR LV TO FL SUPPLEMENTAL BRF/MEMO
05/21/1996APPELLEE'S SUPPLEMENTAL BRIEF/MEMORANDUM
05/24/1996AFFIRMED MOJ (WG,SC,FA)
06/17/1996MANDATE ISSUED