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United States Court Cases

District Of Columbia Court Of Appeals Record

MARCUS YOUNG V. UNITED STATES

Case Information: 07-CM-1227
Short Caption:MARCUS YOUNG V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Weapons Related
Superior Court or Agency Case Number:CMD8509-04Filed Date:11/02/2007

Opening Event Date:11/02/2007Case Status:Closed
Record Completed:03/26/2008Post-Decision Matter Pending:
Briefs Completed:10/14/2008
Argued/Submitted:06/02/2009
Disposition:Next Scheduled Action:
Mandate Issued:03/22/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantMarcus Young Y
Mindy A. DanielsYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Katherine M. KellyYY

Events
Event DateStatusDescriptionResult
11/02/2007NOTICE OF APPEAL
11/30/2007 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that James W. Klein, 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. (By: GP)
12/10/2007STATEMENT REGARDING TRANSCRIPT(S) (rt ordered)dfe
03/19/2008RECORD COPIES
03/19/2008RECORD INDEX
03/19/2008SUPPLEMENTAL RECORD #1 (165 pgs/Tape)(7/19/07 proc.)
03/19/2008SUPPLEMENTAL RECORD #2 (8 pgs/Tape)(10/15/07 proc.)
03/20/2008ORDERED: Sua sponte, that the appointment of James W. Klein, Esquire, is hereby vacated, and Mindy Daniels, Esquire, is appointed to represent appellant herein. James W. Klein, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (By: ETW)
03/20/2008APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Mindy Daniels, Esquire
03/26/2008SUPPLEMENTAL RECORD #3 (14 pgs/Tape)(7/24/07 proc.)
03/26/2008RECORD COMPLETED
04/01/2008 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)
05/12/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (unopposed) to June 27, 2008.
05/23/2008 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 June 27, 2008. (By: GP)
07/09/2008APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to file motion for summary reversal in lieu of appellant's brief out of time (unopposed)
07/09/2008RECEIVED - Appellant's Motion for Summary Reversal
07/10/2008TMC - motion to file (LODGED) motion for summary reversal in lieu of brief - (LODGED) opposition
07/21/2008APLE MOTION TO EXTEND TIME TO FILE ANSWER/RESPONSE to 8/4/08 LW
07/22/2008 On consideration of appellee's unopposed motion for an extension of time, it is ORDERED that the motion is granted and appellee's response, if any, to appellant's motion for summary reversal shall be filed no later than August 4, 2008. (BY: GP) lw
07/31/2008RECEIVED - appellee's opposition to appellant's motion for summary reversal LW
08/12/2008 ORDERED that appellant's MOTION TO FILE HIS LODGED motion for summary reversal IS GRANTED and the Clerk shall file the LODGED MOTION FOR SUMMARY REVERSAL and the LODGED OPPOSITION. It is *****MORE*****
08/12/2008APPELLANT'S MOTION FOR SUMMARY REVERSAL
08/12/2008APPELLEE'S OPPOSITION
08/12/2008 FURTHER ORDERED that appellant's MOTION FOR SUMMARY REVERSAL IS DENIED. See Oliver T. Carr Mgm't, Inc. v. Nat'l Delicatessen, Inc., 397 A.2d 914, 915 (D.C. 1979). It is FURTHER ORDERED that appellant's ALTERNATIVE REQUEST to file the motion for summary reversal as his brief IS GRANTED and the Clerk SHALL FILE the MOTION AS APPELLANT'S BRIEF. It is *****MORE*****
08/12/2008APPELLANT'S BRIEF - SUMMARY AFFIRMANCE FILED AS THE BRIEF W/APPENDIX ATTACHED
08/12/2008 FURTHER ORDERED that the appellee's brief shall be filed within 30 days from the date of ths order, and the reply brief if any, shall be filed within 21 more days. See D.C. App. R. 31 (a)(1). (RZBRTE)
09/10/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 10/14/08.
09/24/2008 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 October 14, 2008. (By: GP)
10/14/2008APPELLEE'S BRIEF
10/14/2008BRIEFS COMPLETED
11/14/2008FINAL SCREENING - REGULAR CALENDAR
12/19/2008 It appearing that this appeal is likely to be calendared for argument during the months of March 2009 thru May 2009, it is ORDERED that counsel shall advise this court in writing by January 12, 2009 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
01/07/2009CERTIFICATE PER RULE 28
01/12/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
03/10/2009CERTIFICATE PER RULE 28
05/07/2009CALENDAR NOTICE SENT
05/19/2009APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
05/28/2009On consideration of the unopposed motion of appellee to supplement the record on appeal, it is ORDERED that the moton is granted, and the Clerk of the Superior Court shall prepare and transmit the item specified in appellee's motion to this court as a supplemental record forthwith. (GL,KR,OB)
05/29/2009CERTIFICATE PER RULE 28 aple
06/02/2009FiledACTION - Argued / Submitted
06/02/2009ARGUED Glickman,Kramer,Oberly. Mindy A.Daniels Esq.,for appellant Marcus Young. Katherine M.Kelly Esq.,for appellee.
06/08/2009SUPPLEMENTAL RECORD - #4 (waiver of trial by jury or court upon entry of guilty plea filed 7/24/07)
07/14/2009APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD w/ document attached no oppo
07/23/2009On consideration of the unopposed motion of appellant to supplement the record on appeal, it is ORDERED that the motion is granted, and the Clerk of the Superior Court shall prepare and transmit the item specified in appellant's moiton to this court as a supplemental record forthwith. (GL,KR,OB)
07/29/2009SUPPLEMENTAL RECORD - #5 (defendant's mot to withdraw guilty plea based on ineffective assist- ance of trial counsel---filed 7/14/09)
09/11/2009CERTIFICATE PER RULE 28 aple
10/08/2009AFFIRMED Opinion (Glickman, Kramer, Oberly) and Judgment affirming the judgment on appeal.
10/22/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 11/25/09. no oppo
10/28/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before November 25, 2009. (WH)
11/25/2009APLT'S PETITION FOR REHEARING/REHEARING EN BANC
03/10/2010ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHRZRDGLKRBRTHOB) (Judge Fisher is recused from this case.)
03/22/2010MANDATE ISSUED
06/15/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARIand placement on the Supreme Court docket as No. 09-11309
10/07/2010NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI