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United States Court Cases

District Of Columbia Court Of Appeals Record

ZACHARY J. WAGES, SR. V. UNITED STATES

Case Information: 02-CF-0142
Short Caption:ZACHARY J. WAGES, SR. V. UNITED STATESClassification:Appeals - Criminal Felony - Burglary
Lead:02-CF-0142Consolidated: 05-CO-0323
Superior Court or Agency Case Number:FEL4564-00Filed Date:02/08/2002

Opening Event Date:02/08/2002Case Status:Closed
Record Completed:06/25/2003Post-Decision Matter Pending:
Briefs Completed:02/24/2006
Argued/Submitted:10/11/2006
Disposition:Next Scheduled Action:
Mandate Issued:12/22/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantZachary Wages Y
Mary C. Kennedy NN
James T. Wilson YN
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
02/08/2002NOTICE OF APPEAL
02/15/2002APPELLANT'S DOCKETING STATEMENT rt ordered
03/28/2002ORDERED that the Clerk shall enter the appearance of Mary C. Kennedy, Esquire, as pro bono counsel for appellant herein. F/O that the Clerk of the Superior Court shall prepare and transmit the record on appeal to this court forthwith. (BY: AMW)
04/09/2002RECORD ON APPEAL
04/19/2002SUPPLEMENTAL RECORD - #1 (35pgs/Swaringer) 8/7/00 proc.
04/29/2002SUPPLEMENTAL RECORD - #2 (207pgs/Sargent-Burns) 4/11/01 proc.
07/03/2002SUPPLEMENTAL RECORD - #3 (9pgs/Simon) 8/21/01 proc.
02/06/2003SUPPLEMENTAL RECORD - #4 (13 pgs/Hunt) 3/27/01 proc.
02/10/2003SUPPLEMENTAL RECORD # 5 (5 pgs--Sargent-Burns) 3/22/01 proc.
03/07/2003SUPPLEMENTAL RECORD - #6 (145 pgs/Hawkins) 3/28/01 proc.
04/07/2003SUPPLEMENTAL RECORD - #7 (84 pgs/Kaczorowski) 3/1/01 proc.
04/15/2003SUPPLEMENTAL RECORD - #8 (207 pgs/Foster) 3/29/03 proc.
04/16/2003SUPPLEMENTAL RECORD - #9 (11 pgs/Kaczorowski) 8/4/00 proc.
04/21/2003SUPPLEMENTAL RECORD # 10 (91 pgs--Ronan) 4/12-13/01 proc.
04/21/2003SUPPLEMENTAL RECORD # 11 (455 pgs--Sargent-Burns) 4/9-11/01 proc.
05/05/2003SUPPLEMENTAL RECORD - #12 (14 pgs/tape) 6/13/01 proc.
05/05/2003SUPPLEMENTAL RECORD - #13 (12pgs/Tape) 10/17/01 proc.
05/13/2003 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)
06/04/2003APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until record is complete. no oppo
06/16/2003ORDERED that appellant shall, within 20 days from the date of this order, advise this court, with specificty, of what transcript is still outstanding and of all actions appellant has taken, including those taken since the date appellant filed the motion for an extension of time, to assure the transmittal of that transcript to this court. See D.C.App.R.10. F/O that the motion of appellant for an extension of time is hereby held in abeyance pending appellant's response to this order. (AMW)
06/17/2003SUPPLEMENTAL RECORD # 14 (42 pgs--taped) 1/11/02 proc.
06/23/2003APPELLANT'S ANSWER/RESPONSE re status of rt's. (titled as: status report)
06/25/2003RECORD COMPLETED
06/25/2003SUPPLEMENTAL RECORD #15 (11 pgs. -- Tape) (3/28/01 proc.)
07/16/2003 On consideration of this court's order of June 16, 2003, which held in abeyance the motion of appellant for an extension of time to file the brief pending appellant's response to the order, and the response of appellant, and it appearing that transcript of the proceeding of March 28, 2001, was filed with this court on June 25, 2003, it is ORDERED that the motion is granted to the extent that the brief of appellant shall be filed within 40 days from the date of the order. (GP)
08/22/2003APPELLANT'S MOTION FOR STAY pending trial court proceeding. (mot filed in sup crt attached) no oppo
08/29/2003ORDER: Grant appellant's motion to stay, and this appeal is hereby stayed pending further order of this court. 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 appeals will be consolidated. See Hall v. US, 559 A.2d 1321, 1322 (D.C. 1989). FO that, while the motion is pending in the trial court, counsel for appellant shall advise this court every 3 months, with the first such report due on December 1, 2003as to the status of the proceedings in the trial court. Counsel for appellant shall advise this court in writing within 15 days after the disposition of the motion. (AMW)
11/04/2003SUPPLEMENTAL RECORD #16 (80-pgs/burns 4/2/01 proc.)
11/04/2003SUPPLEMENTAL RECORD #17 (12-pgs/swaringer 8/7/00 proc.)
11/04/2003SUPPLEMENTAL RECORD #18 (10-pgs/tape 11/14/00 proc.)
11/04/2003SUPPLEMENTAL RECORD#19 (8-pgs/hunt 3/21/01 proc.)
11/04/2003SUPPLEMENTAL RECORD #20 (36-pgs/swaringer 8/7/00 proc.)
11/04/2003SUPPLEMENTAL RECORD #21 (156-pgs/whalin 4/2/01am)
11/04/2003SUPPLEMENTAL RECORD #22 (22-pgs/pirfo 12/6/00 proc.)
11/04/2003SUPPLEMENTAL RECORD #23 (303-pgs/hawkins 4/3-4/01 proc.)
11/05/2003SUPPLEMENTAL RECORD - #24 (23 pgs/Hawkins) 4/7/03 proc.
11/17/2003STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending - dwm) (jj)
02/13/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (jj))
05/12/2004 error
05/12/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) dwm
07/14/2004SUPPLEMENTAL RECORD - #25 (234 pgs/Foster) 3/30/01 proc.
08/02/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending (pii))
10/29/2004STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending) dwm
01/27/2005STMT/STATUS REPORT RE PENDING TRIAL COURT MOTION (still pending)
04/15/2005PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
04/15/2005ORDERED, sua sponte, that the stay entered by this court on August 29, 2003, in appeal no. 02-CF142, is hereby vacated. F/O, sua sponte, that appeals nos. 02-CF-142 and 05-CO-323 are consolidated for all purposes herein. F/O that Mary C. Kennedy, Esquire, is hereby assigned as pro-bono counsel representing appellant in appeal no. 05-CO-323. F/O that, in appeal no. 05-CO-323, 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 attached statement regarding transcript ordered for this appeal. 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. (AMW)
05/12/2005RECEIVED - courtsey copy of aplt's motion for appeal transcript
05/12/2005APPEARANCE - James T. Wilson counsel for the aplt
05/12/2005STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
10/06/2005RECORD INDEX in 05-CO-323.
10/06/2005RECORD COPIES in 05-CO-323.
10/06/2005SUPPLEMENTAL RECORD - #26 (187 pgs/Franklin) 11/17/04 proc.
10/06/2005SUPPLEMENTAL RECORD - #27 (122 pgs/Ronan) 12/16/04 proc.
10/06/2005SUPPLEMENTAL RECORD - #28 (340 pgs/Allison) 1/27-28/05 proc.
10/06/2005SUPPLEMENTAL RECORD - #29 (74 pgs/Ramos) 3/18/05 proc.
10/12/2005 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that the consolidated brief of appellant 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 (gp)
11/21/2005APPELLANT'S BRIEF
12/16/2005APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 2/24/06. no oppo
12/20/2005 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 February 24, 2006. (GP)
02/24/2006APPELLEE'S BRIEF
02/24/2006BRIEFS COMPLETED
03/03/2006FINAL SCREENING - REGULAR CALENDAR
03/06/2006APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF to 4/25/06. no oppo
03/13/2006 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 April 25, 2006. (GP)
03/27/2006LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING June-S Heffernan Wilson
04/20/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
04/25/2006APPELLANT'S REPLY BRIEF
06/26/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/29/2006CALENDAR NOTICE SENT
10/11/2006FiledACTION - Argued / Submitted
10/11/2006ARGUED before Judges Washington, Kramer, Thompson James T. Wilson, Esq. for appellant Patricia A. Heffernan, Esq. for appellee
07/17/2008AFFIRMED Opinion (Washington, Kramer, Thompson) and Judgment affirming the judgments of conviction.
07/29/2008APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB no oppo to 8/30/08
08/05/2008ORD GRT APLT MO TO EXTEND TIME TO FILE PET FOR REH on or before Sept. 30, 2008. (FA)
09/30/2008APLT'S PETITION FOR REHEARING/REHEARING EN BANC
12/12/2008ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHRZRDGLKRBRTHFA) (Judge Fisher is recused from this case. Judge Farrell was an Associate Judge of the court at time of argument. His status changed to Associate Judge, Retired, on July 1, 2008.)
12/22/2008MANDATE ISSUED
04/02/2009RECEIVED - mot filed by aplt for ext of time to filed writ of cert in Supreme Court.
04/21/2009NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI
05/26/2009NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
10/12/2011FiledTMC//MOTION TO TOLL TIME TO FILE MOTION TO RECALL MANDATE//COPY OF THIS COURT'S OPINION
02/09/2012FiledORDER GRANTING APPELLANT'S MOTION FOR LEAVE and the CLERK SHALL FILE THE LODGED TO RECALL THE MANDATE and THE MOTION TO RECALL THE MANDATE IS DENIED
02/09/2012FiledMotion To Recall The Mandate Under Rule 41(F) Time Limitation ***CONSTRUED AS MOTION FOR LEAVE TO FILE THE LODGED MOTION TO RECALL MANDATEDenied