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United States Court Cases

District Of Columbia Court Of Appeals Record

ALVIN M. HEADSPETH V. UNITED STATES

Case Information: 05-CF-0016
Short Caption:ALVIN M. HEADSPETH V. UNITED STATESClassification:Appeals - Criminal Felony - Weapons Related
Superior Court or Agency Case Number:FEL6476-03Filed Date:01/06/2005

Opening Event Date:01/06/2005Case Status:Closed
Record Completed:03/24/2005Post-Decision Matter Pending:
Briefs Completed:02/24/2006
Argued/Submitted:10/05/2006
Disposition:Next Scheduled Action:
Mandate Issued:12/01/2006
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantAlvin M. Headspeth Y
Marie L. ParkYN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Sharon A. SpragueYY

Events
Event DateStatusDescriptionResult
01/06/2005NOTICE OF APPEAL
01/26/2005 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Donna Biderman, Esquire...., is hereby appointed to represent 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 attached statement regarding the 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. (GP)
01/26/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Donna Biderman, Esquire
03/03/2005 On consideration of this court's order of January 26, 2005, directing counsel for appellant to file the statement regarding transcript within 30 days and it appearing that the statement regarding transcript has not been filed, it is ORDERED that counsel for appellant shall within 15 days from the date of this order submit the statement regarding transcript, accompanied by a motion for leave to file out of time. The motion should set forth good cause for the failure either to timely file the document 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)
03/24/2005RECORD COMPLETED
03/24/2005RECORD INDEX
03/24/2005RECORD COPIES
03/24/2005SUPPLEMENTAL RECORD - #1 (402 pgs/Schertzer) 9/7-10/04 proc.
03/29/2005RECEIVED: Statement Regarding Transcript.
03/30/2005 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, as 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. 30, 31. (GP)
04/26/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo
05/11/2005 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 July 8, 2005. (GP)
07/08/2005MEMORANDUM in support of mot of appellate counsel for leave to withdraw.
07/08/2005COUNSEL'S MOTION TO WITHDRAW (ANDERS) w/memorandum in support of Denied
07/12/2005TMC - motion of appellant's counsel to withdraw - supporting memorandum
07/21/2005 On consideration of the motion of court-appointed counsel to withdraw from this appeal pursuant to Anders v. California, 386 US 738 (1967), it is ORDERED that appellant shall file by August 29, 2005, any response showing cause why counsel's motion should not be granted, the appeal dismissed, and teh judgment from which the appeal was taken affirmed. Failure to respond shall result in the motion being submitted for decision on the motion and record alone. It is *****MORE*****
07/21/2005 FURTHER ORDERED that the motion of court-appointed counsel to withdraw is hereby held in abeyance pending appellant's response to this order. (BY: AMW) lw
09/13/2005 On consideration of appellant's counsel's motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), but it appearing from this court's independent review that non-frivolous arguments might be made, it is ORDERED that counsel's request to withdraw is granted solely to the extent that the appointment of Donna L. Biderman, Esquire, as counsel for appellant is hereby vacated. It is *****MORE*****
09/13/2005 FURTHER ORDERED that Marie L. Park, Esquire, is hereby appointed to represent appellant in this appeal. It is *****MORE*****
09/13/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Marie L. Park
09/13/2005 FURTHER ORDERED that Donna L. Biderman, Esquire, shall within 10 days from the date of this order transfer all documentation, exclusive of time records, relating to her representation of appellant to Marie L. Park, Esquire. It is *****MORE*****
09/13/2005 FURTHER ORDERED that appellant shall file the brief within 40 days from the date of this order and appellee shall file its brief within 30 days thereafter. See D.C. App. R. 31. (GLPRKG)
10/24/2005APPELLANT'S BRIEF
10/24/2005APPENDIX
12/01/2005APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/24/06. no oppo
12/05/2005 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 Janaury 24, 2006. (GP)
01/24/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days.
02/07/2006 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. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
02/24/2006APPELLEE'S BRIEF
02/24/2006BRIEFS COMPLETED
03/03/2006FINAL SCREENING - REGULAR CALENDAR
03/27/2006LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING June-S Sprague Park
04/06/2006LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
04/27/2006SUPPLEMENTAL RECORD - #2 (docket entries)
08/29/2006CALENDAR NOTICE SENT
09/19/2006APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
09/19/2006RECEIVED - aplt's reply brief.
09/21/2006On consideration of appellant's unopposed motion to late file the lodged reply brief, and it appearing that this matter is scheduled on the Regular Calendar of October 5, 2006, it is ORDERED on behalf of the merits division asigned to consider this matter that the motion is granted, the lodged reply brief is filed. (GP)
09/21/2006APPELLANT'S REPLY BRIEF
10/05/2006FiledACTION - Argued / Submitted
10/05/2006ARGUED before Judges Reid, Glickman, King Marie L. Park, Esq. for appellant Sharon A. Sprague, Esq. for appellee
11/09/2006REVERSED AND REMANDED Opinion (Reid, Glickman, King) and Judgment reversing judgment on appeal and remanding case for a new trial.
12/01/2006MANDATE ISSUED