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United States Court Cases

District Of Columbia Court Of Appeals Record

JAMES SPEAKS V. UNITED STATES

Case Information: 05-CF-1220
Short Caption:JAMES SPEAKS V. UNITED STATESClassification:Appeals - Criminal Felony - Cruelty To Children
Superior Court or Agency Case Number:FEL1001-05Filed Date:10/07/2005

Opening Event Date:10/07/2005Case Status:Closed
Record Completed:04/25/2006Post-Decision Matter Pending:
Briefs Completed:07/16/2007
Argued/Submitted:04/24/2008
Disposition:Next Scheduled Action:
Mandate Issued:12/18/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJames Speaks YPro SeN
AppelleeUnited StatesN
Roy W. McLeese, IIINN
Elizabeth H. DanelloNY
Ann K. H. SimonYN

Events
Event DateStatusDescriptionResult
10/07/2005NOTICE OF APPEAL
11/09/2005 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)
11/14/2005STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
11/23/2005SUPPLEMENTAL STATEMENT REGARDING TRANSCRIPT (pii)
04/25/2006RECORD INDEX
04/25/2006RECORD COPIES
04/25/2006error
04/25/2006SUPPLEMENTAL RECORD - #1 (34 pgs/Hunt) 2/24/05 proc.
04/25/2006SUPPLEMENTAL RECORD - #2 (93 pgs/Mechanic) 6/6/05 proc.
04/25/2006SUPPLEMENTAL RECORD - #3 (104 pgs/Armstrong) 6/8/05 proc.
04/25/2006SUPPLEMENTAL RECORD - #4 (95 pgs/Wood) 6/8/05 proc.
04/25/2006SUPPLEMENTAL RECORD - #5 (292 pgs/Mechanic) 6/9-10/05 proc.
04/25/2006SUPPLEMENTAL RECORD - #6 (237 pgs/Herzfeld) 6/15-16/05 proc.
04/25/2006SUPPLEMENTAL RECORD - #7 (22 pgs/tape) 9/9/05 proc.
04/25/2006RECORD COMPLETED
04/25/2006SUPPLEMENTAL RECORD - #8 (19 pgs/Ramos) 6/20-21/05 proc.
05/02/2006 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. (GP)
05/16/2006STATEMENT REGARDING TRANSCRIPT(S) (Supp)(4 additional RT listed (pii))
06/12/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until 90 days (no oppo)
06/15/2006 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 September 11, 2006. (GP)
09/11/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until December 11, 2006 (no oppo)
09/15/2006 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 December 11, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
12/11/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
12/20/2006ORDERED that the motion is granted and appellant's brief and the limited appendix shall be filed on or before March 12, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
03/07/2007APPELLANT'S BRIEF
03/07/2007APPENDIX- aplt
03/14/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 5/8/07. no oppo
03/21/2007 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 May 8, 2007. (GP)
04/06/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 55 days. no oppo
04/11/2007 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 May 31, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
05/30/2007APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
06/07/2007ORDERED that the motion is granted and appellee's brief shall be filed on or before July 16, 2007. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
07/16/2007APPELLEE'S BRIEF
07/16/2007APPENDIX - aple vol. I & II
07/16/2007BRIEFS COMPLETED
08/10/2007FINAL SCREENING - REGULAR CALENDAR
10/18/2007 It appearing that this appeal is likely to be calendared for argument during the months of January 2008 thru March 2008, it is ORDERED that counsel shall advise this court in writing by November 21, 2007 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
10/30/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
12/11/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
12/18/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (aple)
01/17/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
01/18/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aple
02/22/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING aplt
03/06/2008CALENDAR NOTICE SENT
04/08/2008APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no opop
04/08/2008RECEIVED - aplt's reply brief
04/10/2008ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEFand the lodged reply brief is filed. (GP)
04/10/2008APPELLANT'S REPLY BRIEF
04/21/2008APPELLANT'S MISCELLANEOUS SUBSTANTIVE MOTION for recusal of Superior Court Judge sitting by Designation.
04/23/2008On consideration of appellant's motion for recusal of Superior Court Judge sitting by designation, and it appearing that there is no impropriety in the participation in the consideration and decision of the instant appeal of a trial judge sitting by designation pursuant to D.C. Code 11-707(a), and the matter having been referred to Judge Greene for his individual consideration under the Code of Judicial Conduct, and Judge Greene having determined that there is no ground for recusal, it is ORDERED that the motion is denied. (WH,RD,Greene)
04/24/2008FiledACTION - Argued / Submitted
04/24/2008ARGUED before Washington,Reid,Greene. Alice Wang Esq.,for appellant James Speaks. Ann K.H.Simon Esq.,for appellee.
10/16/2008CERTIFICATE PER RULE 28
10/30/2008AFFIRMED Opinion (Washington, Reid, Greene) and Judgment affirming the judgment on appeal.
11/04/2008CJA ATTORNEY'S QUALLS LETTER
11/06/2008APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 30 days. no oppo
11/07/2008ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before December 15, 2008. (WH)
12/18/2008MANDATE ISSUED