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United States Court Cases

District Of Columbia Court Of Appeals Record

CHARLES B. FORD, III V. UNITED STATES

Case Information: 05-CF-0115
Short Caption:CHARLES B. FORD, III V. UNITED STATESClassification:Appeals - Criminal Felony - Burglary
Lead:05-CF-0115Consolidated: 05-CF-0136 , 05-CF-0294
Superior Court or Agency Case Number:FEL520-04Filed Date:02/08/2005

Opening Event Date:02/08/2005Case Status:Closed
Record Completed:07/29/2005Post-Decision Matter Pending:
Briefs Completed:01/25/2008
Argued/Submitted:10/21/2008
Disposition:Next Scheduled Action:
Mandate Issued:05/06/2009
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantCharles B. Ford, IIIY
Kenneth D. AuerbachYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Justin DillonYY

Events
Event DateStatusDescriptionResult
02/08/2005NOTICE OF APPEAL
02/23/2005 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Kenneth D. Auerbach, 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)
02/23/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Kenneth D. Auerbach, Esquire
02/28/2005STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
04/05/2005ORDERED, sua sponte, that appeals nos. 05-CF-115, 05-CF-136 and 05-CF-294 are consolidated for all purposes. F/O that Deborah A. Persico, Esquire, is hereby appointed to represent appellant Jacqueline Plummer. F/O that counsel for appellant Jacqueline Plummer 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 withthis court a single copy of the attached statement regarding transcriptordered 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)
04/05/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Deborah A. Persico, Esquire in appeal no. 05-CF-294
04/07/2005STATEMENT REGARDING TRANSCRIPT(S) (05CF136) (RT ordered/needed (pii))
04/21/2005STATEMENT REGARDING TRANSCRIPT(S) (05CF294)(Rt ordered/needed (pii))
05/06/2005COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (Davis) Granted
05/13/2005ORDERED that the motion of counsel for appellant Carlton Davis is granted, and the appointment of w. Douglas Wham, Esquire, is hereby vactaed, and Cynthia Nordone, Esquire, is appointed to represent appellant herein. W. Douglas Wham, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. (AMW)
05/13/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Cynthia Nordone, Esquire
07/28/2005RECORD COPIES in 05-CF-294.
07/28/2005RECORD INDEX in 05-CF-294.
07/28/2005RECORD INDEX in 05-CF-115.
07/28/2005RECORD COPIES in 05-CF-115.
07/28/2005RECORD INDEX in 05-CF-136.
07/28/2005RECORD COPIES in 05-CF-136.
07/29/2005SUPPLEMENTAL RECORD - #1 (342 pgs/Wood) 9/29-30/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #2 (317 pgs/Peterson-Hart) 10/4-5/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #3 (334 pgs/Ramos) 10/5-6/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #4 (224 pgs/Peterson-Hart) 10/7/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #5 (157 pgs/Armstrong) 10/12/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #6 (389 pgs/Salazar) 10/13-14/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #7 (390-451 pgs/Salazar) 10/15/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #8 (304 pgs/Peterson-Hart) 10/18-19/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #9 (41 pgs/Rust) 10/21/04 proc.
07/29/2005SUPPLEMENTAL RECORD - #10 (26 pgs/tape) 1/14/05 proc.
07/29/2005RECORD COMPLETED
10/03/2006COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS (titled as: mot strike appearance of counsel) in 05-CF-115. Denied
10/23/2006ORDERED that the motion of counsel for appellant Charles Ford is denied. (ETW)
12/06/2006 It appearing that the complete records on appeals have been filed with this court, it is ORDERED that appellants' briefs and the limited appendixes 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)
01/08/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until September 8, 2007 (Plummer)
01/09/2007APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION for briefing schd in 05-CF-115. (Ford)
01/16/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (Carlton Davis)for 90 days (no oppo).
03/06/2007ORDERED that the motions are grnated and appellant Carlton Davis' brief and limited appendix shall be filed on or before April 16, 2007, and appellants Charles B. Ford's and Jacqueline Plummer's briefs and limited appendices shall be filed on or before September 8, 2007. (GP)
04/13/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until September 8, 2007 (no oppo) (Davis)
04/24/2007 On consideration of appellant Carlton Davis unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellant Carlton Davis' brief and limited appendix shall be filed on or before September 8, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
09/05/2007APPELLANT'S BRIEF (Plummer)
09/05/2007APPENDIX (Plummer)
09/07/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/1/07. (Davis) no oppo
09/19/2007 On consideration of appellant Carlton Davis' motion for an extension of time within which to file the brief and the limited appendix, and it appearing that the brief and limited appendix of Charles B. Ford, III, was due to be filed on or before September 10, 2007, and the brief and limited appendix have not been filed, it is ORDERED that the motion of appellant Davis is granted and appellant's brief and the limited appendix shall be filed on or before November 1, 2007. No further requests for extensions of time will be granted absent a showing of good cause. It is F/O that counsel for appellant Charles B. Ford, III, shall w/in 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 document or to request an etensiion of time w/in which to do so. (ETW)
10/09/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 7 days. (Ford)
10/17/2007APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF no oppo (Ford)
10/17/2007RECEIVED - aplt's brief w/appdx.
10/31/2007ORDERED that the motions are granted and appellant Charles Ford's brief and limited appendix are filed. (GP)
10/31/2007APPELLANT'S BRIEF (Charles Ford)
10/31/2007APPENDIX (Charles Ford)
11/07/2007 On consideration of this court's order of September 19, 2007, granting appellant Carlton Davis' motion for an extension of time to file the brief and limited appendix on or before November 1, 2007, and it appearing that the brief and limited appendix have not been filed, it is ORDERED that counsel for appellant Davis 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 and extension of time within which to do so. (GP)
11/13/2007APPELLANT'S MOTION FOR LEAVE TO FILE BRIEF (C. Davis) (no oppo)
11/13/2007RECEIVED - aplt's brief (C. Davis)
11/13/2007RECEIVED - aplt's appdx (attached to brief) (C. Davis)
11/16/2007 On consideration of appellant Carlton Davis' motion for leave to late file brief and the limited appendix, to which no opposition has been filed, it is ORDERED that appellant Carlton Davis' motion is granted and the lodged brief and limited appendix are filed. It is FURTHER ORDERED that the brief of appellee shall be filed with this court on or before December 18, 2007. (GP)
11/16/2007APPELLANT'S BRIEF/limited appendix attached (Carlton Davis)
12/03/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/18/08 (unopposed)
12/04/2007 On consideration of appellee's unopposed motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellee's brief shall be filed on or before January 18, 2008. (GP)
01/18/2008APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES (no oppo)
01/18/2008RECEIVED Brief of Appellee in excess of page limitation.
01/18/2008TMC - appellee's motion for leave to file the (LODGED) brief in excess pages
01/25/2008 ORDERED that the MOTION IS GRANTED and the Clerk SHALL FILE the LODGED BRIEF of appellee. It is FURTHER ORDERED that these appeals shall be scheduled for consideration before a merits panel as soon as the calendar permits. (RZKRPR)
01/25/2008APPELLEE'S BRIEF
01/25/2008BRIEFS COMPLETED
02/14/2008FINAL SCREENING - REGULAR CALENDAR
07/11/2008 It appearing that this appeal is likely to be calendared for argument during the months of October 2008 thru December 2008, it is ORDERED that counsel shall advise this court in writing by August 18, 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
08/05/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/11/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
08/13/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/18/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/29/2008CALENDAR NOTICE SENT
10/06/2008MEMORANDUM Atty Dillion will argue in place of Atty Swaney.
10/21/2008FiledACTION - Argued / Submitted
10/21/2008ARGUED before Judges Ruiz, Reid, Steadman Cynthia Nordone, Esq. for Appellant Kenneth D. Auerbach, Esq. for Appellant Deborah A. Persico, Esq. for Appellant Justin Dillon, Esq. for Appellee
01/12/2009AFFIRMED MOJ (Ruiz, Reid, Steadman)
01/26/2009APPELLANT'S PETITION FOR REHEARING (Carlton Davis)
02/03/2009MANDATE ISSUED in 05-CF-115, Ford, and 05-CF-294, Plummer
03/10/2009CJA ATTORNEY'S QUALLS LETTER (FORD)
04/27/2009ORDER DENYING APPELLANT'S PETITION FOR REHEARING of Carlton Davis (RZ,RD,ST)
05/06/2009MANDATE ISSUED in 05-CF-136, Carlton Davis.