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United States Court Cases

District Of Columbia Court Of Appeals Record

KELVIN L. MARTIN V. UNITED STATES

Case Information: 05-CF-1352
Short Caption:KELVIN L. MARTIN V. UNITED STATESClassification:Appeals - Criminal Felony - Assault Related
Superior Court or Agency Case Number:FEL5339-04Filed Date:11/15/2005

Opening Event Date:11/15/2005Case Status:Closed
Record Completed:09/07/2006Post-Decision Matter Pending:
Briefs Completed:06/19/2008
Argued/Submitted:03/19/2009
Disposition:Next Scheduled Action:
Mandate Issued:04/23/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantKelvin L. Martin Y
James W. KleinNY
Corinne Beckwith YN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Chrisellen R. KolbYY

Events
Event DateStatusDescriptionResult
11/15/2005NOTICE OF APPEAL
12/02/2005 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that 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. (GP)
12/09/2005ORDERED, sua sponte, that appeals nos. 05-CF-1352 and 05-CF-1405 are consolidated for all purposes. F/O that William T. Morrison, Esquire, is hereby appointed to represent appellant Robert W. Hawkins in his appeal. F/O that counsel for appellant Robert W. Hawkins shall immedediately 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. (GP)
12/09/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) William T. Morrison, Esquire in appeal no 05-CF-1405
12/12/2005STATEMENT REGARDING TRANSCRIPT(S) (Martin) (RT ordered/needed (pii))
12/22/2005STATEMENT REGARDING TRANSCRIPT(S) (Hawkins) (RT ordered/needed (pii))
09/07/2006RECORD COPIES in 05-CF-1352.
09/07/2006RECORD INDEX in 05-CF-1352.
09/07/2006SUPPLEMENTAL RECORD - #1 (35 pgs/tape) 7/18/05 proc.
09/07/2006SUPPLEMENTAL RECORD - #2 (155 pgs/Peterson-Hart) 7/19/05 proc.
09/07/2006SUPPLEMENTAL RECORD - #3 (482 pgs/Salazar) 7/19-21/05 proc.
09/07/2006SUPPLEMENTAL RECORD - #4 (223 pgs/Ransom-Jones) 7/22/05 proc.
09/07/2006SUPPLEMENTAL RECORD - #5 (207 pgs/Mechanic) 7/25/05 proc.
09/07/2006SUPPLEMENTAL RECORD - #6 (59 pgs/Hart) 7/26/05 proc.
09/07/2006SUPPLEMENTAL RECORD - #7 (13 pgs/tape) 10/21/05 proc.
09/07/2006RECORD COMPLETED
03/19/2007RECORD INDEX 05-CF-1405
03/19/2007RECORD COPIES 05-CF-1405
03/21/2007 It appearing that the complete record on appeal has 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)
04/24/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days in 05-CF-1405. no oppo
04/26/2007 On consideration of appellant Robert W. Hawkins' unopposed motion for an extension of time within which to file the brief and limited appendix, it is ORDERED that appellant Robert W. Hawkins' motion is granted, and the brief and limited appendix of appellant Robert W. Hawkins shall be filed on or before May 29, 2007. (GP)
04/30/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF 90 days no oppo (Martin)
05/02/2007 On consideration of appellant Kelvin L. Martin's motion for an extension of time within which to file the brief and limited appendix, to which no opposition has been filed, it is ORDERED that appellant Kelvin L. Martin's motion is granted, and appellant Kelvin L. Martin's brief and the limited appendix shall be filed on or before July 30, 2007. (GP)
06/04/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 7/30/07 in 05-CF-1405. no oppo
06/06/2007 On consideration of appellant Robert W. Hawkins' unopposed motion for an extenison of time within which to file the brief, it is ORDERED that the motion is granted and appellant Robert W. Hawkins' brief and limited appendix shall be filed on or before July 30, 2007. Any further requests for extensions of time will be granted only upon a showing of good cause. (GP)
07/30/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 90 days (no oppo) (Martin)
07/30/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 20, 2007 (no oppo) (Hawkins)
08/13/2007ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFOF Appellant Kelvin L. Martin and the brief and limited appendix of appellant Martin shall be filed on or before October 29, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. ( M O R E )
08/13/2007ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEFof appellant Robert W. Hawkins and the brief and limited appendix of appellant Hawkins shall be filed on or before August 20, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
08/22/2007APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL and remand. (Hawkins)
08/22/2007RECEIVED - aplt's brief w/appendix. (Hawkins)
09/04/2007ORDERED, sua sponte, that appeal nos. 05-CF-1352 and 05-CF-1405 are hereby severed. F/O that appellant Robert W. Hawkins' motion is granted and appeal no. 05-CF-1405 is dismissed, and the case is remanded to the Superior Court with directions to vacate the conviction and abate the prosecution, by reason of death certificate or other competent evidence of death. See Howell v. United States, 455 A.2d 1371, 1373 (D.C. 1983) (en banc). F/O that appellant Kelvin L. Martin's brief and limited appendix remain due on or before October 29, 2007. (ETW)
10/29/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/8/07. (Martin) no oppo
11/07/2007ORDERED that the motion is granted and appellant's brief and the limited appendix shall be filed on or before December 8, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
12/10/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until December 12, 2007 (unopposed) (Martin)
12/12/2007RECEIVED - aplt's brief. (Martin)
12/19/2007ORDERED that the motion is granted and the Clerk shall file the lodged brief of appellant and limited appendix. F/O that the brief of appellee shall be filed on or before January 16, 2008. See D.C. App. R. 31. (ETW)
12/19/2007APPELLANT'S BRIEF
12/19/2007APPENDIX
01/16/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 54 days. no oppo
01/25/2008 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 March 10, 2008. (GP)
02/20/2008APLT MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
02/26/2008 On consideration of the unopposed motion of appellant to supplement the record with the lodged documents that were part of the record in the trial court, it is ORDERED that the motion is granted and the lodged documents will be forwarded to the Appeals Coordinator's Office for transmittal to this court as a supplemental record. (GP)
03/04/2008SUPPLEMENTAL RECORD #8 (Pleadings filed in the Superior Court) (2 copies)
03/06/2008APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION to file supplemental brief. no oppo
03/10/2008 On consideration of appellant's unopposed motion to file a supplemental brief raising additional issue, it is ORDERED that appellant's motion is granted and the supplemental brief of appellant shall be filed on or before April 7, 2008. (GP)
04/07/2008APPELLANT'S SUPPLEMENTAL BRIEF/MEMORANDUM
05/07/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until June 18, 2008 (unopposed)
05/14/2008 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 June 18, 2008. (GP)
06/17/2008APLE MOTION FOR LV TO FILE BRF IN EXCESS OF PAGES no oppo
06/17/2008RECEIVED - aple's brief.
06/18/2008TMC - appellee's motion for leave to file (LODGED) brief in excess pages
06/19/2008 ORDERED that appellee's MOTION IS GRANTED and the Clerk SHALL FILE the LODGED brief of appellee. It is FURTHER ORDERED that this appeal shalld be scheduled for consideration before a merits panel as soon as the calendar permits. (RZBRNB)
06/19/2008APPELLEE'S BRIEF
06/19/2008BRIEFS COMPLETED
07/02/2008FINAL SCREENING - REGULAR CALENDAR
12/09/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Appellee).
01/06/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/13/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/29/2009CALENDAR NOTICE SENT
02/26/2009APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
02/26/2009RECEIVED- aplt's reply brief
03/03/2009MEMORANDUM - Atty Kolb will argue in place of Atty Simon for aple.
03/10/2009ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief is filed. (GP)
03/10/2009APPELLANT'S REPLY BRIEF
03/18/2009LETTER- from aplt re: argument 3/19/09
03/19/2009FiledACTION - Argued / Submitted
03/19/2009ARGUED before Judges Reid, Glickman, Oberly Corinne Beckwith, Esq. for Appellant Chrisellen Kolb, Esq. for Appellee
04/01/2010FiledREVERSED AND REMANDED Opinion (Reid, Glickman, Oberly) and Judgment reversing the judgment on appeal and remanding the case for a new trial.
04/23/2010MANDATE ISSUED