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United States Court Cases

District Of Columbia Court Of Appeals Record


Case Information: 11-CM-0085
Short Caption:GARLAND G. HAYES V. UNITED STATESClassification:Appeals - Criminal Misdemeanor - Domestic Violence
Superior Court or Agency Case Number:DVM2456-10Filed Date:01/21/2011

Opening Event Date:01/21/2011Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Disposition:Next Scheduled Action:
Mandate Issued:03/10/2011
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantGarland G. Hayes Y
James W. KleinNY
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Event DateStatusDescriptionResult
02/07/2011 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 statement regarding transcript available for completion online. 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: JAC)
02/08/2011APPELLANT'S MOTION TO DISMISS/WITHDRAW APPEAL and abate the prosecution AB inito because of aplt's death pending direct review
02/16/2011ORDER GRANT APLT MOTION TO DISMISS/WITHDRAW APPEAL and this appeal 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, upon the filing of a certificated copy of appellant's death certificate or other competent evidence of death. See Howell v. United States, 455 A.2d 1371, 1373 (D.C. 1983)(en banc). (By: ETW)