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United States Court Cases

District Of Columbia Court Of Appeals Record

WALLACE G. MITCHELL V. UNITED STATES

Case Information: 05-CO-1261
Short Caption:WALLACE G. MITCHELL V. UNITED STATESClassification:Appeals - Criminal Other - Den. Of Post-Conviction Relief
Lead:05-CO-1261Consolidated: 05-CO-1262
Superior Court or Agency Case Number:FEL3556-90Filed Date:08/17/2005

Opening Event Date:08/17/2005Case Status:Decided/Dismissed
Record Completed:05/08/2007Post-Decision Matter Pending:
Briefs Completed:06/28/2010
Argued/Submitted:11/01/2012
Disposition:Next Scheduled Action:
Mandate Issued:01/03/2014
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantWallace G. MitchellYPro SeN
AppelleeUnited StatesN
Elizabeth TrosmanNY
Angela G. Schmidt YN

Events
Event DateStatusDescriptionResult
08/17/2005NOTICE OF APPEAL
11/17/2005ORDER, SUA SPONTE, CONSOLIDATING APPEALS nos. 05-CO-1261 and 05-CO-1262 for all purposes. It is FURTHER ORDERED that a consolidated briefing order will be issued upon the filing in this court, by the Clerk of the Superior Court, the record index and record copies required by D.C. App. R. 11 (b)(3)(A). (By: GP)
10/19/2006CHANGE OF ADDRESS RECEIVED from Appellant: Wallace G. Mitchell #51443-060 P.O.B. 26030 Beaumont, Texas 77720-0630
04/03/2007CHANGE OF ADDRESS RECEIVED from Appellant: Wallace G. Mitchell #51443-060, USP-2 P.O.B. 1034 Coleman, FL 33521-0879
05/08/2007RECORD INDEX (Both cases)
05/08/2007RECORD COPIES (Both cases)
05/08/2007RECORD COMPLETED
05/10/2007 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. (GP)
06/29/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
07/26/2007 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 and the limited appendix shall be filed within 30 days from the date of this order. (By: GP)
08/14/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION requesting documents needed to file a limited appendix.
08/31/2007ORDERED: That the motion is granted and that appellant shall file the brief and the limited appendix within 20 days from the date of this order. (By: GP)
09/05/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 45 days.
09/18/2007 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 and the limited appendix shall be filed on or before November 5, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
10/03/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
10/24/2007ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and the limited appendix and the brief and the limited appendix shall be filed on or before December 5, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
12/12/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
01/03/2008ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed within 30 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
01/23/2008APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to direct the Bureau of Prisons to return all records of this case, etc.
02/14/2008ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION. It is FURTHER ORDERED that appellant shall within 15 days from the date of this order submit the brief and the limited appendix, 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 brief or to request an extension of time within which to do so. (By: ETW)
03/13/2008 On consideration of this court's order of February 14, 2008, directing appellant to file the brief, and the limited appendix, as required by D.C.App. R. 30 (f), within 40 days and it appearing that the brief and the limited appendix have not been filed with this court, it is ORDERED that the brief of appellant and the limited appendix shall be submitted within 15 days from the date of this order, 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 documents or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. See D.C. App. R. 13. (ETW)
03/21/2008CHANGE OF ADDRESS RECEIVED from Appellant: Wallace G. Mitchell #51443.060 P.O. Box 33 Terre Haute, IN 47808
03/21/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
04/10/2008ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed on or before April 28, 2008. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
04/29/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 20 days.
05/23/2008ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF to the extent that the brief of appellant and the limited appendix shall be filed within 15 days from the date of this order. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (By: GP)
06/06/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 15 days.
07/08/2008ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFto the extent that the brief of appellant and the limited appendix shall be filed within 15 days from the date of this order. No further requests forextensions of time will be granted absent a showing of good cause. (By: ETW)
07/29/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
08/20/2008ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed within 30 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
09/29/2008 On consideration of this court's order of August 20, 2008, granting appellant's motion for an extension of time to file the brief and limited appendix within 30 days from the date of the order, and it appearing that the brief and limited appendix have not been filed, it is ORDERED that counsel for appellant shall within 20 days from the date of this order, submit the brief and the limited appendix, accompanied by a motion for leave to file the documents out of time. The motion shall set forth good cause for the failure either to timely file the documents or to request an extension of time within which to do so. Failure to comply with this order shall subject this appeal to dismissal without further notice. (GP)
10/23/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 45 days.
11/13/2008ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed on or before December 4, 2008. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
12/08/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
12/31/2008ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed within 30 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
02/10/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF
02/27/2009ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed within 20 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
03/24/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
04/27/2009ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed within 30 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
05/13/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
06/08/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
06/08/2009CHANGE OF ADDRESS RECEIVED from Appellant: Wallace Mitchell #51443-060 P.O. Box 1000 Talladega, AL 35160-1000
07/10/2009ORD GRANT APLT MOTIONS are granted and appellant's brief and the limited appendix shall be filed within 30 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
08/11/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
08/11/2009LETTER for court order requesting Appellee's to serve Appellant at the correct address.
09/09/2009ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed within 30 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
10/19/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for an additional 30 days.
11/12/2009ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed within 30 days from the date of this order. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
11/13/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for an additional 30 days.
12/10/2009ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed on or before January 13, 2010. No further requests for extensions of time will be granted absent a showing of good cause. Failure to comply with this order shall subject these appeals to dismissal without further notice. See D.C. App. R. 13. (By: ETW)
12/18/2009APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 30 days.
12/29/2009ORDERED: Sua sponte, that these apepals are hereby dismissed. It is FURTHER ORDERED that appellant's motion is denied without prejudice to filing a motion to reinstate, within 30 days from the date of this order, along with the brief and limited appendix. (By: ETW)
12/29/2009DISMISSED
12/29/2009DISMISSED
03/19/2010APPELLANT'S MOTION TO REINSTATE APPEAL
03/19/2010RECEIVED Appellant's Brief & Appendix. (MAREN pend.).
03/25/2010RECEIVED Appellant's Supplemental Appendix.
04/14/2010ORDER GRANT APPELLANT MOTION TO REINSTATE APPEALS and these appeals are hereby reinstated. It is FURTHER ORDERED that the Clerk shall file the lodged brief, limited appendix and supplemental appendix. It is FURTHER ORDERED that the brief of appellee shall be filed within 30 days from the date of this order. (By: ETW)
04/14/2010APPELLANT'S BRIEF/appendix
04/14/2010APPENDIX - supplemental
05/10/2010RECEIVED Appellant's Second Supplement to Appendix.
05/10/2010APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until June 14, 2010
05/10/2010APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for Leave to File Second Supplement to Appendix. (Second Supplement to Appendix is incorporated within this motion for leave.
06/08/2010CHANGE OF ADDRESS RECEIVED for Appellant: Wallace G. Mitchell #51443-060 P.O. Box 7000 Florence, CO 81226-7000
06/10/2010APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF for 30 days.
06/14/2010RECEIVED - aple's brief
06/28/2010ORDER GRANT APLT MISCELLANEOUS PROCEDURAL MOTION to file a second supplement to the appendix and the supplement to appendix is filed. It is FURTHER ORDERED that appellee's motion for an extension of time within which to file the brief is granted and the lodged brief is filed. It is FURTHER ORDERED that appellant's motion for an extension of time within which to file the brief is granted and the reply biref shall be filed within 30 days from the date of this order. (By: JAC)
06/28/2010APPELLEE'S BRIEF
06/28/2010BRIEFS COMPLETED
06/28/2010APPENDIX - appellant's supplement
06/30/2010APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF for 30 days.
07/20/2010 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 within 30 days from the date of this order. (By: JAC)
07/26/2010APLT MOTION TO EXTEND TIME TO FILE REPLY BRIEF for 30 days.
07/27/2010ORDERED: Sua sponte, that Steven Kiersh, Esquire, is appointed to represent appellant herein. It is FURTHER ORDERED that newly appointed counsel shall, within 60 days from the date of this order, file a supplemental brief that shall, at a minimum, address the issue raised by appellant in his pro se brief; namely, the constitutionality of D.C. Code 23-110. (By: ETW)
09/24/2010APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF to 60 days. no oppo
10/20/2010 On consideration of appellant's motion for an extension of time within which to file the supplemental brief, to which no opposition has been filed, it is ORDERED that appellant's motion is granted and the supplemental brief shall be filed on or before November 29, 2010. (By: JAC)
11/24/2010APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF no oppo to 1/29/11
12/20/2010 On consideration of the motion of appellant_ for an extension of time within which to file the supplemental brief, to which no opposition has been filed, it is ORDERED that the motion of appellant_ is granted and the supplemental brief of appellant_ shall be filed with this court on or before January 31, 2011. (By: JAC)
01/28/2011APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF until March 31,2011 (no oppo)
02/11/2011 On consideration of the motion of appellant_ for an extension of time within which to file the supplemental brief, to which no opposition has been filed, it is ORDERED that the motion of appellant_ is granted and the supplemental brief of appellant_ shall be filed with this court on or before March 31, 2011. (By: JAC)
03/28/2011APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF until May 14, 2011 (no oppo)
04/07/2011 On consideration of the motion of appellant_ for an extension of time within which to file the supplemental brief, to which no opposition has been filed, it is ORDERED that the motion of appellant_ is granted and the supplemental brief of appellant_ shall be filed with this court on or before May 14, 2011. (By: JAC)
05/06/2011RECEIVED pro se letter from Appellant regarding lack of communication from court-appointed counsel and deadlines set by this court.
05/12/2011LETTER referring to counsel for appellant the May 6 pro se letter from appellant. (TBN)
05/16/2011APLT MOTION TO EXT TIME TO FILE SUPLEMENTAL BRIEF until July 18, 2011 (no oppo)
06/07/2011 On consideration of the motion of appellant_ for an extension of time within which to file the supplemental brief, to which no opposition has been filed, it is ORDERED that the motion of appellant_ is granted and the supplemental brief of appellant_ shall be filed with this court on or before July 18, 2011. (By: JAC)
07/07/2011RECEIVED pro se letter from Appellant regarding lack of communication from court-appointed counsel.
07/18/2011FiledMotion For Extension Of Time to File Other (Appellant) (Supp Brief)
07/28/2011FiledLetter To counsel for appellant referring appellant's letter received on July 7, 2011.
08/10/2011FiledGRANT - Order Granting appellant's motion for an extension of time to file the brief until September 1, 2011
09/01/2011FiledMotion For Extension Of Time to File Appendix, Brief until November 1, 2011 (Appellant)Granted
09/28/2011FiledGRANT - Order Granting appellant's motion for an extension of time to file the supplemental brief and limited appendix
10/31/2011FiledMotion For Extension Of Time to File Appendix, Brief - until December 24, 2011 (Appellant)Granted
11/29/2011FiledGRANT - Order Granting appellant's motion for an extension of time to file the supplemental brief until December 27, 2011
01/03/2012FiledChange Of Address Received From Wallace G. Mitchell #51443-060P.O. Box 329002 Brooklyn, New York 11232-9002 (Appellant)
01/09/2012FiledMotion For Extension Of Time to File (supplemental) Brief - until March 1, 2012 (Appellant)Granted
01/19/2012FiledGRANT - Order Granting appellant's motion for an extension of time to file the supplemental brief on or before March 1, 2012
03/01/2012FiledSupplemental Brief (Appellant)
05/07/2012FiledChange Of Address Received From (Appellant)
05/09/2012FiledOrdered that the supplemental brief of appellee, if any, shall be filed within 30 days from the date of this order
06/08/2012FiledAnswer/Response to court's order of May 9, 2012 (Appellee)
06/22/2012FiledThat this appeal shall be scheduled for consideration before a merits division as soon as the clalendar permits
07/13/2012FiledACTION - Ready for Calendaring - Regular
07/17/2012FiledLetter To Counsel/Party Re Future Calendaring
07/31/2012FiledLetter From Counsel/Party Re Future Calendaring (Appellant)
10/02/2012FiledACTION - Calendar notice sent
11/01/2012FiledArgued before Judges Oberly, Beckwith, Easterly
03/26/2013FiledOrdered that the parties shall file supplemental briefs addressing the issues raised in this order. Appellant's brief shall be filed wihtin 30 days of the date of this order; appellee's brief shall be filed within 30 days after appellant's brief is served.
03/28/2013FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
04/29/2013FiledOrder Granting aplt's motion for extension of time to file a supplemental brief.
05/31/2013FiledMotion For Extension Of Time to File Appendix, Brief (Appellant)Granted
06/11/2013FiledOrder Granting aplt's motion for extension of time to file supplemental brief.
06/24/2013FiledMotion For Extension Of Time to File supplemental brief (Mitchell) Other (Appellant)Granted
07/03/2013FiledOrder Granting aplt's motion for extension to file supplemental brief.
07/24/2013FiledSupplemental Brief (Appellant)
08/21/2013FiledMotion For Extension Of Time to File a Supplemental Brief (Appellee)Granted
09/04/2013FiledGRANT - Order Granting appellee's motion for an extension of time to file the supplemental brief and the supplemental brief shall be filed on or before September 23, 2013
09/17/2013FiledLetter From Appellant (Titled as Motion for Leave to Intervene) (Appellant)
09/23/2013FiledSupplemental Brief (Appellee)
10/16/2013LodgedMotion to direct clerk to serve appellant with all filings, or in the alternative to direct appellee to serve copies of filings (Appellant)
10/18/2013FiledMotion for leave to file a supplemental reply brief, and to the extent this motion is granted, consent motion for a 45 day extension of time to file a reply brief (Appellant)Granted
10/21/2013FiledLetter To Kiersh, Esq., forwarding appellant's motion to him and advising him to inform appellant that motions are to be filed through atty on his behalf
11/04/2013FiledGRANT - Order Granting appellant's motion for an extension of time to file the reply brief on or before December 2, 2013
11/08/2013FiledLetter From counsel responding to Court's letter dated 10/21/13 (Appellant)
12/02/2013FiledReply Brief (Mitchell) (Appellant)
12/12/2013FiledOUTCOME/DISPOSITION - Affirmed In Part/Reversed In Part/Remanded In Part (OPINION) (Oberly, Beckwith and Easterly, Associate Judges)
01/03/2014FiledMandate
01/07/2014LodgedMotion For Extension Of Time to File Petition for Rehearing/ Rehearing En Banc (Appellant)Denied
02/03/2014FiledTMC//MOTION TO EXTEND TIME TO FILE PET REHEARING//NOTICE OF PET FOR CERT FILING
03/18/2014FiledCopy/Notice Of Petition For Writ Of Certiorari (Appellant)
04/07/2014FiledNotice Received of Petition for Writ of Certiorari was filed in the Supreme Court (Appellant)
04/22/2014FiledNotice Of Denial Of Pet. For Writ Of Certiorari (Appellant)
05/29/2014LodgedPetition For Rehearing/Rehearing En Banc (Pro Se) (Appellant)
06/05/2014FiledORDER DENYING APPELLANT'S (PRO SE) MOTION FOR EXTENSION OF TIME
06/23/2014LodgedMotion To Reconsideration of the Order denying Motion for Extension of time to file Petition for Rehearing/ Rehearing En Banc (Appellant)
08/12/2014FiledChange Of Address Received From Wallace G. Mitchell (Appellant)
01/12/2015LodgedMotion to have Records Sealed or in the alternative Redacted (Appellant)
01/12/2015LodgedMotion for a Ruling on Pending Motions (Appellant)