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United States Court Cases

District Of Columbia Court Of Appeals Record

EUGENE R. FACON V. UNITED STATES

Case Information: 99-CF-1204
Short Caption:EUGENE R. FACON V. UNITED STATESClassification:Appeals - Criminal Felony - Sexual Abuse
Superior Court or Agency Case Number:FEL2984-98Filed Date:08/17/1999

Opening Event Date:08/17/1999Case Status:Closed
Record Completed:07/20/2007Post-Decision Matter Pending:
Briefs Completed:12/10/2007
Argued/Submitted:09/11/2008
Disposition:Next Scheduled Action:
Mandate Issued:12/23/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantEugene R. Facon Y
Deborah D. Wright YN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Allison Barlotta NN
J.P. Cooney YN

Events
Event DateStatusDescriptionResult
08/17/1999NOTICE OF APPEAL filed by: Douglas B. Evans, Sr 202 546-9700 423 496
09/27/1999APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Douglas B. Evans, Sr., Esquire
10/07/1999APPELLANT'S DOCKETING STATEMENT (RT Ordered)
10/14/1999RECORD ON APPEAL
04/04/2000LETTER from aplt requesting that the court allow him to make legal phone calls
04/06/2000RECEIVED - pro se motion of appellant to find out defendant's blood type w/accompanying points and authorities in support thereof. (vvd)
04/11/2000LETTER referring to counsel for appellant the March 6 pro se motion of appellant. (JAC)
07/19/2000SUPPLEMENTAL RECORD #1 (507 pgs - Rust - 3/15,16,17/1999 proc.)
08/01/2002RECEIVED pro se letter from appellant regarding lack of communication from court-appointed counsel.
08/05/2002LETTER to Douglas B. Evans, Sr. Esquire in reference to the letter this court received from his client Mr. Facon.
09/04/2002SUPPLEMENTAL RECORD # 2 (253 pgs--Ramos) 3/8-9/99 proc. (Transferred to 09-CO-1241)
09/10/2002 It appearing that the complete record on appeal has been filed with this court, it is 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 within 30 days thereafter. See D.C. App. R. 31. (GP)
10/21/2002APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
10/23/2002 On consideration of the motion of appellant_ for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before November 20, 2002. (GP)
11/20/2002APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 12/20/02
11/27/2002 On consideration of the motion of appellant for an extension of time within which to file the brief, and no opposition having been filed, it is ORDERED that the motion is granted, and the brief of appellant shall be filed on or before December 20, 2002______. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/10/2003 On consideration of this court's order of November 27, 2002, granting appellant's motion for an extension of time to file the brief on or before December 20, 2002,__ and it appearing that the brief has not yet been lodged with this court, it is ORDERED 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 with this order may result in counsel's appointment being vacated. (GP)
02/12/2003 On consideration of this court's order of January 10, 2003, which directed appellant to file the brief within 15 days from the date of the order, accompanied by a motion for leave to file the brief out of time, and it appearing that the brief has not yet been lodged with this court, it is ORDERED 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 with this order shall result in counsel's appointment being vacated. (AMW)
03/25/2003ORDER: On consideration of this court's order of February 12, 2003, which directed counsel for appellant to file the brief, accompanied by a motion for leave to file the brief out of time, and stated that failure to comply shall result in counsel's appointment being vacated, and it appearing that the brief has not yet been filed with this court, it is ORDERED, sua sponte, that the appointment of Douglas B. Evans, Sr., Esquire, is hereby vacated, and Deborah Wright, Esquire, is appointed to represent appellant herein. Douglas B. Evans, Sr., Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. It is FO 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. See D.C. App. R. 31. (AMW)
03/27/2003APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Deborah Wright, Esquire
04/16/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo (Note: contrued as a moiton to compel per this court's 4/29/03 order)
04/24/2003TMC - Aplt's motion to extend time to file brief (motion to compel)
04/29/2003ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to compel, and Douglas B. Evans, Sr., Esquire, shall within 10 days from the date of this order, eithr transmit the documents to newly-appointed counsel or show cause why he whould not be held in contempt. F/O that newly appointed counsel shall notify this court within 10 days from receipt of all records and documents from Douglas B. Evans, Sr. (by: STFANE)
05/13/2003SUPPLEMENTAL RECORD - #3 (42pgs/Salazar) 4/29/98 proc.
10/31/2003COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Denied
11/06/2003ORD DNY COUNSEL MO TO WITHDRAW FOR BUSINESS REASON ORDERD that counsel's motion to withdraw is hereby denied and counsel shall file the brief of appellant within 30 days from the date of this order. Appellant, pro se, may file a supplemental brief raising any additional issues. Any supplemental biref must be filed no later than 21 days after the filing of the brief by counsel. The brief of appellee shall be filed 30 days after the filing of appellan't pro se supplemental brief. It is F/O that appellant shall cooperate with counsel and that no new counsel will be appointed in this appeal. (FA/RZ/NE)
11/25/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to until all rt's are recvd. no oppo
12/02/2003 On consideration of the motion of appellant_ for an extension of time within which to file the brief, wherein appellant_ indicate(s) that transcript is being prepared, it is ORDERED that the motion is granted, and the brief of appellant_ shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant_ shall advise this court within 15 days thereof of appellant's_ receipt of the ordered transcript. (GP)
06/14/2005SUPPLEMENTAL RECORD - #4 (227 pgs/tape) 3/3-4/99 proc. (Transferred to 09-CO-1241)
06/23/2005 On consideration of this court's order of December 2, 2003, wherein appellant was directed to file the brief within 40 days from the date the transcript is filed with this court, and it appearing that all transcripts have been filed with this court, it is ORDERED that counsel for appellant shall file the brief 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. 30. (GP)
07/14/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days after transcript is received. no oppo
07/15/2005RECEIVED - corrected mot for appeal transcript.
09/02/2005 On consideration of appellant's motion for an extension of time within which to file the brief, wherein appellant indicate(s) that transcript is being prepared, it is ORDERED that the motion is granted, and the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days thereof of appellant's_ receipt of the ordered transcript. (GP)
08/11/2006SUPPLEMENTAL RECORD - #5 (36 pgs/Ramos) 3/9/99 proc. (Transferred to 09-CO-1241)
09/28/2006 On consideration of this court's order of September 2, 2005, wherein appellant was directed to file the brief within 40 days from the date the trancsript is filed with this court, and it appearing that the transcript has been filed, it is ORDERED that counsel for appellant shall file the brief within 40 days from the date of this order. (GP)
11/03/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days. (no oppo)
11/07/2006 On consideration of appellant's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant's brief shall be filed on or before December 18, 2006. (GP)
12/12/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 40 days to have time for DNA testing (no oppo)
12/18/2006 On consideration of appellant's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant's brief shall be filed on or before January 29, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/26/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 40 days (no oppo)
02/02/2007ORDERED that the motion is granted and appellant's brief shall be filed on or before March 12, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
03/12/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days (no oppo)
03/15/2007 On consideration of appellant's motion for an extension of time within which to file the brief, wherein appellant indicate(s) that transcript is being prepared, it is ORDERED that the motion is granted and the brief of appellant shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days thereof of appellant's receipt of the ordered transcript. (GP)
05/10/2007SUPPLEMENTAL RECORD - #6 (18 pgs/tape) 6/2/99 proc.
07/20/2007RECORD COMPLETED
07/20/2007SUPPLEMENTAL RECORD - #7 (34 pgs/tape) 7/23/99 proc.
07/26/2007 On consideration of this court's order of March 15, 2007, wherein appellant was directed to file the brief within 40 days from the date the transcript is filed with this court, and it appearing that all transcripts have been filed with this court, it is ORDERED that counsel for appellant shall file the brief within 40 days days from the date of this order, and appellee's brief shall be filed within 30 days thereafter. See D.C. App. R. 31. (GP)
08/31/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until October 4, 2007 (no oppo)
09/07/2007 On consideration of appellant's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellant's brief shall be filed on or before October 4, 2007. (GP)
10/02/2007APPELLANT'S BRIEF
10/02/2007APPENDIX - attached to brief
10/30/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
11/01/2007 On consideration of appellee's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before December 6,2007. (GP)
12/06/2007APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES (unopposed)
12/06/2007RECEIVED-aple's brief
12/07/2007TMC - appellee's motion for leave to file (LODGED) brief in excess pages
12/10/2007 ORDERED that the MOTION IS GRANTED and the Clerk SHALL FILE the LODGED brief of appellee. It is FURTHER ORDERED that this appeal shall be scheduled for consideration before a merits division as soon as the calendar permits. (BRTHNW)
12/10/2007APPELLEE'S BRIEF
12/10/2007BRIEFS COMPLETED
12/26/2007APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF 30 days no oppo
01/10/2008 On consideration of appellant's motion for an extension of time within which to file the reply brief, to which no opposition has been filed, it is ORDERED that appellant's motion is granted and appellant's reply brief shall be filed on or before January 28, 2008. (GP)
01/16/2008FINAL SCREENING - REGULAR CALENDAR
01/28/2008APPELLANT'S REPLY BRIEF
01/31/2008 It appearing that this appeal is likely to be calendared for argument during the months of April 2008 thru June 2008, it is ORDERED that counsel shall advise this court in writing by February 19, 2008 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
07/25/2008CALENDAR NOTICE SENT
09/03/2008CERTIFICATE PER RULE 28
09/08/2008CERTIFICATE PER RULE 28
09/10/2008MEMORANDUM - Atty Cooney will argue in place of Atty Barlotta on behalf of aple.
09/11/2008FiledACTION - Argued / Submitted
09/11/2008ARGUED before Judge Ruiz, Reid, Farrell Deborah D. Wright, Esq. for Appellant J.P. Cooney, Esq. for Appellee
09/15/2008ORDER On consideration of the representations of aplt's counsel at oral argument, counsel shall notify the court within 45 days of issuance of this order whether she intends to file a motion pursuant to D.C. Code Sec. 23-110 in this case. Aplt is directed to cooperate with counsel in regard to that decision. Aplt's direct appeal will be held in abeyance, pending receipt of the notification, for a period of 45 days. (RZ,RD,FA)
09/15/2008CASE STAYED (see order filed on Sept. 15, 2008)
10/31/2008RECEIVED - motion for 23-110 motion filed 10/30/08
11/04/2008APPELLANT'S MOTION FOR STAY of appeal pending the resolution of a motion filed in the trial court pursuant to D.C. Code Sec. 23-110 (filed with the trial court on October 30, 2008)
11/04/2008APLT MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF
11/04/2008RECEIVED - Appellant's Corrected Brief
12/01/2008ORDER DENYING APPELLANT MOTION FOR STAY Order (Ruiz, Reid, Farrell) granting the motion to file the lodged corrected brief and said lodged brief is filed, and the motion to stay is denied.
12/01/2008AFFIRMED MOJ (Ruiz, Reid, Farrell)
12/01/2008APPELLANT'S BRIEF (Corrected).
12/01/2008PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
12/23/2008MANDATE ISSUED