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United States Court Cases

District Of Columbia Court Of Appeals Record


Case Information: 10-CO-1074
Short Caption:MICHAEL H. BLAKENEY V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Lead:10-CO-1074Consolidated: 11-CO-1436
Superior Court or Agency Case Number:FEL325-05Filed Date:08/26/2010

Opening Event Date:08/26/2010Case Status:Decided/Dismissed
Record Completed:02/08/2012Post-Decision Matter Pending:
Briefs Completed:06/11/2012
Disposition:Next Scheduled Action:
Mandate Issued:07/23/2014
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Amicus CuriaePublic Defender ServiceN
James W. KleinNY
Jaclyn S. FrankfurtNY
AppellantMichael H. Blakeney Y
Elizabeth C. Solander NN
Michael A. DeBernardisYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Katherine M. KellyYY

Event DateStatusDescriptionResult
09/14/2010 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Kelsey A. Schaefer, Esquire, is hereby assigned as pro bono counsel for appellant in this appeal. It is FURTHER ORDERED that counsel for appellant shall immediately take the necessary steps to review the trial court record and to ensure that the transcripts necessary to the appeal have been ordered and shall, within 30 days from the date of this order complete and file with this court a single copy of the statement regarding transcript available for completion online. Where transcript(s) necessary for this appeal have been ordered and completed for non-appeal purposes, appellant must advise the Court Reporting and Recording Division to forward said transcript(s) for inclusion in the record on appeal.(dfe) For the Court, Julio A. Castillo, Clerk.
09/14/2010ASSIGNING COUNSEL PRO BONO Kelsey A. Schaefer, Esquire
09/22/2010SUPPLEMENTAL RECORD - #1 (77 pgs/McCarn) 7/26/10 proc. a.m.
09/22/2010SUPPLEMENTAL RECORD - #2 (89 pgs/McCarn) 7/26/10 proc. p.m.
09/22/2010SUPPLEMENTAL RECORD - #3 (170 pgs/McCarn) 7/27/10 proc.
09/22/2010SUPPLEMENTAL RECORD - #4 (24 pgs/McCarn) 7/28/10 proc. CD attached
09/28/2010 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief and the limited appendix including the documents required by D.C. App. R. 30 (f), shall be filed within 40 days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (Castillo)
09/29/2010RECORD INDEX
09/29/2010SUPPLEMENTAL RECORD - #5 (pleadings)
10/12/2010APPELLANT'S MOTION FOR STAY - of briefing schedule pending the out come of motion for reconsideration of 23-110 motion file in the trial court (no oppo)
11/01/2010ORDERED: That the motion for stay is hereby held in abeyance for 90 days to permit the trial court to rule on the pending motion. It is FURTHER ORDERED that appellant shall advise this court on or before January 17, 2011, as to the status of the motion in the trial court. (By: ETW)
11/23/2010STATEMENT - from aplt re: status report
12/29/2010ORDERED: That appellant shall file a renewed statement on the status of the motion on or before February 4, 2011. It is FURTHER ORDERED that if the trial court indicates that it is inclined to grant the requested relief, appellant shall file a motion to remand the case for entry of an appropriate order by the trial court. See Smith v. Pollin, 90 U.S. App. D.C. 178; 194 F.2d 349 (D.C. Cir. 1952). 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 wich the appeals will be consolidated. (By: JAC)
02/04/2011STATEMENT- from aplt re: order 12/29/10 (still pending)dfe
04/26/2011ORDERED: That appellant shall file a renewed statement on the status of the matter within 15 days from the date of this order. It is FURTHER ORDERED that appellant's motion to stay appeal remains held in abeyance. (By: JAC)
05/06/2011STATEMENT from Appellant on status of pending Motion for Reconsideration filed in Superior Court.
05/06/2011APPEARANCE - substitution of counsel for appellant to Elizabeth Solander, Esquire
06/29/2011ORDERED: That the assignment of Kelsey Schaefer, Esquire, is hereby withdrawn, and Elizabeth Solander, Esquire, is hereby assigned to represent appellant herein. It is FURTHER ORDERED that appellant shall within 30 days from the date of this order advise this court as to the status of the matter pending in the trial court. It is FURTHER ORDERED that appellant's motion to stay remains held in abeyance. (By: ETW)
07/27/2011FiledStatement regarding status report pursuant to 6/29/11 order (Appellant) (motion still pending in the trial court)dfe
11/16/2011FiledMotion To Consolidate and status report (Appellant)Granted
12/05/2011FiledOrder Denying appellant's motion to stay as moot, granting appellant's motion to consolidate appeals nos. 10-CO-1074 and 11-CO-1436, appointing counsel to appeal no. 11-CO-1436 as pro bono and directing the SRT in appeal no. 11-CO-1436 within 30 days from the date of this order
12/05/2011FiledAppointing Counsel pro bono, Elizabeth Solander, Esquire (Appellant)
01/04/2012FiledStatement Regarding Transcript(s) (Appellant) (11-CO-1436) de
02/08/2012FiledSupplemental Record - #6 (16pgs/Henderson) 9/1/11 proc.
02/08/2012FiledSupplemental Record - #7 (185pgs/Davis) 9/12/11 proc.
02/08/2012FiledSupplemental Record - #8 (113pgs/Davis) 9/13/11 proc.
02/08/2012FiledSupplemental Record - #9 (85pgs/Jeon) 9/26/11 proc.
02/08/2012FiledSupplemental Record - #10 (27pgs/Pirfo) 10/12/11 proc. w/CD
02/08/2012FiledRecord Completed
02/09/2012FiledRecord Copies (11-CO-1436)
02/09/2012FiledRecord Index (11-CO-1436)
02/10/2012FiledBriefing Order
03/21/2012FiledBrief (Appellant)
03/21/2012FiledAppendix (Volumes I - II) (Appellant)
04/24/2012FiledMotion For Extension Of Time to File Brief until June 11, 2012 (Appellee)Granted
04/24/2012FiledOpposition to appellee's motion for extension of time to file brief (Appellant)
05/16/2012FiledGRANT - Order Granting appellee's motion for an extension of time to file the brief on or before June 11, 2012
06/11/2012FiledBrief (Appellee)
06/11/2012FiledBriefing Completed
06/25/2012FiledACTION - Ready for Calendaring - Regular
07/02/2012FiledLetter To Counsel/Party Re Future Calendaring
07/05/2012FiledLetter From Counsel/Party Re Future Calendaring (Appellee)
07/09/2012FiledReply Brief (Appellant)
11/01/2012FiledACTION - Calendar notice sent
12/04/2012FiledArgued Before Judges Glickman,Blackburne-Rigsby,Farrell Michael A. DeBernardis Esq.,for appellant, Katherine M. Kelly Esq. for appellee.
10/03/2013FiledAffirmed (OPINION) (Glickman and Blackburne-Rigsby, Associate Judge, and Farrell, Senior Judge.)
10/17/2013FiledPetition For Rehearing/Rehearing En Banc (Appellant)Denied
11/12/2013FiledMotion for leave to participate as amicus curiae and to file lodge petition suggesting sua sponte rehearing/rehearing en banc (Amicus Curiae)Denied
11/12/2013LodgedPetition For Rehearing/Rehearing En Banc (Amicus Curiae)
07/14/2014FiledOrder Denying appellant's petition for rehearing or rehearing en banc.
07/14/2014FiledOrder Denying Public Defender Service's motion for leave to participate as amicus curiae and to file the lodged petition suggesting sua sponte rehearing or rehearing en banc .
10/17/2014FiledCopy/Notice Of Petition For Writ Of Certiorari (Appellant)
11/18/2014FiledNotice Of Denial Of Pet. For Writ Of Certiorari (Appellant)