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United States Court Cases

District Of Columbia Court Of Appeals Record

FRED L. FREDERICK V. UNITED STATES

Case Information: 93-CF-0621
Short Caption:FRED L. FREDERICK V. UNITED STATESClassification:Appeals - Criminal Felony - Other Felony
Lead:93-CF-0621Consolidated: 97-CO-0228 , 97-CO-1834
Superior Court or Agency Case Number:F8865-89Filed Date:04/29/1993

Opening Event Date:04/29/1993Case Status:Closed
Record Completed:09/03/1993Post-Decision Matter Pending:
Briefs Completed:02/19/1999
Argued/Submitted:10/07/1999
Disposition:Next Scheduled Action:
Mandate Issued:01/05/2000
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantFred L. Frederick Y
Carl V. AngelisYY
AppelleeUnited StatesN
John R. Fisher NN
Asuncion Cummings Hostin YN

Events
Event DateStatusDescriptionResult
04/29/1993NOTICE OF APPEAL
06/14/1993APPOINTING COUNSEL/CO REFERRAL (CJA) Carl V. Angelis, Esq.
06/21/1993RECORD ON APPEAL
06/24/1993APPELLANT'S DOCKETING STATEMENT
06/25/1993SUPPLEMENTAL RECORD #1 (277 pgs. -- Herzfeld) (3/4-5/93 proceedings)
07/02/1993SUPPLEMENTAL RECORD #1 (98-pgs/burns 3/10/93 proc,)
07/08/1993SUPPLEMENTAL RECORD #2 (128-pgs/jones 3/9/93 proc.)
07/23/1993RECEIVED - supp to aplt's docketing statement
07/23/1993SUPPLEMENTAL RECORD #3 (161 pgs. - Schoch) (3/3/93 proc.)
09/03/1993RECORD COMPLETED
09/03/1993SUPPLEMENTAL RECORD #4 (7 pages--taped) (3/11/93 proceedings)
02/01/1994ORDER - 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 withi 30 days thereafter. 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 WHN)
03/14/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF -to May 13,1994 (no oppo)
03/22/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF on or before May 13, 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)
05/13/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF-to 40 days ( no oppo)
06/01/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFand the brief of appellant shall be filed on or before June 22, 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)
06/22/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 1, 1994.
07/22/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF up to and including August 1, 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).
08/01/1994APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 15, 1994.
08/09/1994ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFup to and including August 15, 1994. Any further request for an extension of time will be looked upon with disfavor and granted only upon a showing of good cause. (MWF).
08/15/1994APPELLANT'S MOTION FOR STAY of appeal pending outcome of trial court motion prusuant to D.C. Code 23-110
09/09/1994ORDER GRANTING APPELLANT MOTION FOR STAY pending resolution of motion filed in the trial court pursuant to dc code sec. 23-110; appellant to file a copy of the 23-110 motion with this court within 10 days from the date of this order and advise this court within 30 days from the date of this order as to the status of the motion. (By AMW)
09/16/1994NOTICE RECEIVED - Appellant's notice and submission of copy of motion to vacate sentence, filed, pursuant to D.C. Code 23-110, in the superior court of the District of Columbia.
10/18/1994RECEIVED - aplt's notice of status of trial court motion to vacate sentence (need motion to late file)
10/21/1994LETTER -sent to attorney re: need motion to late file notice recvd on 10/18/94
11/03/1994APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION - for leave to file notice of status of trial court motion to vacate sentence as though timely filed and notice of status of trial court motion
11/03/1994RECEIVED- aplt's notice of status of trial court motion to vacate sentence
12/02/1994NOTICE RECEIVED filed by appellant of status of trial court motion to vacate sentence.
12/07/1994ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file the notice of status of trial court motion, and the lodged status report is filed. (BY WHN)
12/07/1994STATEMENT appellant's notice of status of trial court motion to vacate sentence.
01/25/1995ORDER: 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 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. (By: WHN)
02/16/1995SUPPLEMENTAL RECORD #6 (342 pages--Salazar) (7/2,3,5/90 proc.)
03/03/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file notice of status of trial court motion to vacate sentence as though timely filed, and notice of status of trial court motion.
03/27/1995ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION for leave to file the notice of status of the trial court motion contained therein, and the lodged status statement is filed. F/O that counsel for appellant shall advise this court within 30 days from the date of this order as to the status of the motion filed in the trial court. (BY WHN)
03/27/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (status contained within the motion)
04/26/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
06/13/1995ORDER: 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)
07/13/1995STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
10/19/1995ORDER: 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)
11/29/1995APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file notice of status of trial court motion to vacate sentence as though timely filed. (no oppo)
11/29/1995RECEIVED appellant's notice of status of trial court motion.
03/06/1996ORDER On consideration of appellant's motion for leave to file notice of status of trial court motion to vacate sentence as though timely filed, there appearing to be no opposition thereto, and the lodged notice of status of trial court motion, it is ORDERED that the motion is granted and the lodged notice is filed. It is F/O that 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 Section 23-110. If the motion in the trial court is denied, review of that denial may be soughtonly 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). (JAC)
03/06/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
04/04/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
07/31/1996ORDER: 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 ___ appeals will be consolidated. See Hall v. United States, 559 A.2d 1321, 1322 (D.C. 1989). (By: GP)
08/30/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
11/20/1996ORDERED that counsel for appellant shall advise this court, within 30 days from the date of this order, as to the status of the pending motion to vacate sentencing filed in the trial court pursuant to D.C. Code Section 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: GPJ)
11/27/1996STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION
03/04/1997error (vvd)
03/04/1997ORDERED, sua sponte, that the stay entered by this court on September 9, 1994, in appeal no. 93-CF-621 is hereby vacated. It is F/O, sua sponte, that appeals nos. 93-CF-621 and 97-CO-228 are consolidated for all purposes herein. It is F/O, sua sponte, that Carl V. Angelis, Esquire, is appointed to represent appellant in appeal no. 97-CO-228. It is F/O, that counsel for appellant shall file the docketing statement in appeal no. 97-CO-228 within 15 days from the date of this order. (BY: AMW)
03/04/1997PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED (in 93CF621)
03/12/1997APPELLANT'S DOCKETING STATEMENT for 97 CO 228 (RT ordered)
05/14/1997RECORD ON APPEAL for 97 CO 228
07/08/1997SUPPLEMENTAL RECORD #7 (119 pages--G. Van Bremen) (3/22/96 proc.)
09/08/1997ORDER: 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: GPJ)
10/20/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 11/19/97
10/27/1997ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before November 19, 1997 (By: GP)
11/19/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to and including December 19, 1997. (unopposed)
12/02/1997APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
12/19/1997APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/13/98
01/22/1998ORDERED, sua sponte, that appeal no. 97-CO-1834 is hereby consolidated with appeals nos. 93-CF-621 and 97-CO-228 for all purposes herein. It is F/O, sua sponte, that Carl V. Angelis, Esquire, is appointed to represent appellant in appeal no. 97-CO-1834. It is (More)
01/22/1998ORD GRANT APLT MO FOR LV TO SUPPLEMENT THE RECORD and the Clerk of the Superior Court shall prepare and transmit the items specified in appellant's motion to this court as a supplemental record forthwith. It is (More)
01/22/1998ORD GRANT APLTS MOTION TO EXTEND TIME TO FILE BRIEF to the extent that a new briefing order will issue upon receipt of the supplemental record. It isF/ORDERED that appellant shall, within 10 days from the date of this order, file the docketing statement in appeal no. 97-CO-1834. (By: AMW)
02/02/1998APPELLANT'S DOCKETING STATEMENT (No RT ordered)
03/31/1998LETTER from aplt asking the court to reject any pleadings filed by aplt's counsel
04/03/1998LETTER referring to counsel the March 31 letter filed by appellant. (JAC)
04/10/1998SUPPLEMENTAL RECORD - #1 (216 pgs/Van Bremen) 3/2,3,4,6/92 proc.
05/29/1998LETTER-from aplt (Frederick) re: transcripts and attorney on case
06/26/1998LETTER referring to counsel for appellant the May 29, 1998, pro se letter from appellant regarding transcripts. (JAC)
07/08/1998LETTER - from aplt (Frederick) re: Habeas Corpus and complaining about attorney
07/20/1998SUPPLEMENTAL RECORD - #2 (172 pgs/Farmer) 2/27/92 proc.
07/28/1998LETTER -from aplt re: transcripts
08/04/1998ORDER: 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: GP)
08/06/1998RECEIVED pro se letter from appellant regarding writ of habeas corpus.
08/07/1998LETTER referring to counsel the August 6 pro se letter from appellant. (JAC)
08/10/1998LETTER to counsel for appellant. (JAC)
09/01/1998RECEIVED pro se letter form appellant regarding unavailability of court appointed counsel.
09/02/1998LETTER referring to counsel for appellant the pro se letter received from appellant on Sept. 1, 1998. (JAC)
09/14/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/14/98 no oppo
09/17/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before October 14, 1998___________. (By: GP)
10/14/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/13/98
10/20/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before November 13, 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)
11/13/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days
11/24/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant shall be filed on or before December 14, 1998__________. 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)
12/03/1998RECEIVED pro se Motion for delayed appeal
12/14/1998APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 12/21/98
12/14/1998LETTER referring to counsel for appellant the Dec. 3 pro se motion for delayed appeal. (JAC)
12/21/1998RECEIVED appellant's brief (maxb pending)
12/24/1998ORDER: Grant the motion of appellant for an extension of time, and the brief of appellant is filed. It is FURTHER ORDERED that the brief of appellee shall be filed on or before January 20, 1999. (By:GP)
12/24/1998APPELLANT'S BRIEF
12/29/1998ORDERED: Sua Sponte, that appeal number 98-CF-1775 is dismissed as duplicative of appeal number 93-CF-621. (By: AMW)
12/29/1998LETTER from appellant, pro se, requesting that counsel be vacated immediately.
01/07/1999LETTER referring to counsel for appellant the Dec. 29 pro se letter from appellant. (JAC)
01/14/1999APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 2/19/99
01/27/1999ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF, and the brief of appellee shall be filed on or before February 19, 1999. (BY: GP)
01/29/1999RECEIVED - aplt's supplemental brief (filed pro-se)
02/04/1999LETTER/supplemental brief fowarded to counsel of appellant. (JAC)
02/19/1999APPELLEE'S BRIEF
02/19/1999BRIEFS COMPLETED
02/22/1999APLE MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF**no oppo**
02/22/1999RECEIVED -- corrected appellees brief
02/25/1999ORDERED thatt he motion is granted, an dthe lodged corrected brief of appellee is filed. (BY: GP)
02/25/1999APPELLEE'S AMENDED/CORRECTED BRIEF
03/02/1999FINAL SCREENING - SUMMARY CALENDAR I
03/05/1999FINAL SCREENING - REGULAR CALENDAR
03/05/1999LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
03/22/1999APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF no oppo to 4/12/99
04/02/1999ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF and the reply brief of appellant shall be filed on or before April 12, 1999. (by: GP) sw
04/05/1999SUPPLEMENTAL RECORD 3 (16 pgs. -- Franklin) (7/12/90 proc.) ** Michael Smith is a codefendant of Frederick)
04/05/1999SUPPLEMENTAL RECORD #4 (108 pgs. -- Franklin) ** Micheal Smith is a codefendant of Frederick **
04/05/1999SUPPLEMENTAL RECORD #5 (117 pgs. -- Franklin) (7/11/90 proc.) ** Michael Smith is a codefendant of Frederick **
04/12/1999APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 4/22/99
05/03/1999ORD GRANT APLT MO TO EXT TIME TO FILE REPLY BRIEF to the extent that the reply brief of appellant, if any, shall be filed within 10 days from the date of this order. (BY: GPJ)
05/14/1999APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no opp
05/14/1999RECEIVED - aplt's reply brief
05/21/1999ORDERED that the motion is granted, and the lodged reply brief of appellant is filed. (BY: GP)
05/21/1999APPELLANT'S REPLY BRIEF
10/07/1999FiledACTION - Argued / Submitted
10/07/1999ARGUED (SC,RU,RD) Carl V. Angelis, Esq., for appellant. Asuncion Cummings Hostin, Esq., for appellee.
12/09/1999VACATED IN PART/REMANDED IN PART Opinion
01/05/2000MANDATE ISSUED