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United States Court Cases

District Of Columbia Court Of Appeals Record

DERRICK A. BOWSER V. UNITED STATES

Case Information: 05-CM-1361
Short Caption:DERRICK A. BOWSER V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Drug Related
Superior Court or Agency Case Number:CMD8162-04Filed Date:11/15/2005

Opening Event Date:11/15/2005Case Status:Closed
Record Completed:10/11/2006Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:07/29/2009
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantDerrick A. Bowser Y
Marc L. ResnickYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Sharon A. SpragueNY

Events
Event DateStatusDescriptionResult
11/15/2005NOTICE OF APPEAL
12/05/2005 On consideration of the notice of appeal and it appearing that appellant has been found eligible for court appointed counsel, it is ORDERED that Severina Rivera, 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)
12/05/2005APPOINTING COUNSEL/COURT ORDER REFERRAL (CJA) Severina Rivera, Esquire
01/20/2006 On consideration of this court's order of December 5, 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. (By: GP)
02/28/2006ORDERED: That counsel for appellant shall within 10 calendar 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 statement regarding transcript or counsel shall show cause why she should not be held in contempt for failure to comply with this order. (By: ETW)
03/22/2006RECORD INDEX
03/22/2006RECORD COPIES
03/22/2006SUPPLEMENTAL RECORD #1 (69-pgs/tape 6/20/05 proc.)
03/22/2006SUPPLEMENTAL RECORD #2 (7-pgs/tape 7/20/05 proc.)
03/22/2006SUPPLEMENTAL RECORD #3 (7-pgs/tape 10/21/05 proc.)
04/03/2006 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. (By: GP)
04/06/2006COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS Granted
04/14/2006ORD GRT COUNSEL MO TO WITHDRAW FOR BUSINESS REASON and the appointment of Severina Rivera, Esquire, is hereby vacated, and Marc Resnick, Esquire, is appointed to represent appellant herein. Severina Rivera, Esquire, shall transmit all documents pertaining to this appeal to newly-appointed counsel forthwith. It is FURTHER 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. (By: ETW)
05/22/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until receipt of transcript (no oppo)
06/16/2006ORDERED: That appellant shall within 20 days from the date of this order advise the court, with specificity, of what transcript is still outstanding and of all actions appellant has taken, including those taken since the date appellant filed a motion for an extension of time within which to file te brief, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. It is FURTHER ORDERED that appellant's motion for an extension of time is hereby held in abeyance pending appellant's response to this order. (By: ETW)
08/29/2006ORDERED: That the motion is granted and appellant's brief and limited appendix shall be filed within 40 days from the date the transcript is filed with this court. It is FURTHER ORDERED that appellant shall advise this court within 15 days of appellant's receipt of the ordered transcripts. (By: GP)
10/11/2006RECORD COMPLETED
10/11/2006SUPPLEMENTAL RECORD - #4 (93pgs/Tape) 10/21/05 proc.
10/23/2006 On consideration of this court's order of August 29, 2006, wherein appellant was directed to file the brief within 40 days from the date the transcript is filed with this court, and it appearing that the transcript has been filed, it is ORDERED that counsel for appellant shall file the brief and limited appendix within 40 days from the date of this order. (By: GP)
12/04/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF for 60 days (no oppo)
12/12/2006 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 February 2, 2007. (By: GP)
02/01/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 60 days
02/21/2007 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 April 3, 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)
04/03/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo 45 days (dwm)
04/24/2007ORD GRANT APLT MOTION TO EXTEND TIME TO FILE BRIEF and appellant's brief and the limited appendix shall be filed on or before May 18, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (By: ETW)
05/01/2007APPELLANT'S BRIEF
05/18/2007APPENDIX - aplts
06/21/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF until July 27, 2007
07/11/2007 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 July 27, 2007. (By: GP)
07/27/2007APPELLEE'S MOTION TO HOLD CASE IN ABEYANCE
08/16/2007ORDER GRANT APLT MOTION TO HOLD CASE IN ABEYANCE and these appeals are hereby held in abeyance pending the decisions in Lathan v. United States, appeal no. 05-CM-1398 and Fields v. United States, appeal no. 06-CF-894. (By: ETW)
05/01/2008ORDERED: That the stay entered by this court on August 16 ,2007, is hereby vacated. It is FURTHER ORDERED that appellee shall file the brief within 30 days from the date of this order. (By: ETW)
05/01/2008PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
05/29/2008APPELLEE'S MOTION TO HOLD CASE IN ABEYANCE
06/26/2008ORDER GRANT APLE MOTION TO HOLD CASE IN ABEYANCE and this appeal is hereby stayed pending further order of this court. It is FURTHER ORDERED that appellee shall advise this court within 30 days of rendering a decision by the Supreme Court. (By: ETW)
06/24/2009ORDERED: That appellee shall within 30 days from the date of this order advise this court as to the status of the case Melendez-Diaz v. Massachusetts, No. 07-591, in the Supreme Court. (By: GP)
07/21/2009APPELLEE'S MISCELLANEOUS PROCEDURAL MOTION to vacate and remand (no oppo)
07/28/2009ORDERED: Sua sponte, that the stay entered by this court on June 26, 2008, is hereby vacated. It is FURTHER ORDERED that appellee's motion is granted and the judgment is vacated and the case is remanded to the Superior Court for further proceedings consistent with the statements made in appellee's motion. It is FURTHER ORDERED that the Clerk shall issue the mandate forthwith. (By: ETW)
07/28/2009PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED
07/28/2009REMANDED
07/29/2009MANDATE ISSUED