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United States Court Cases

District Of Columbia Court Of Appeals Record

JAMON CUFFEY V. UNITED STATES

Case Information: 04-CO-1633
Short Caption:JAMON CUFFEY V. UNITED STATESClassification:Appeals - Criminal Other - Other Criminal
Lead: 00-CF-0324 Consolidated: 04-CO-0054 , 04-CO-1633
Superior Court or Agency Case Number:FEL3044-97Filed Date:12/21/2004

Opening Event Date:12/21/2004Case Status:Closed
Record Completed:08/15/2007Post-Decision Matter Pending:
Briefs Completed:11/10/2008
Argued/Submitted:06/09/2009
Disposition:Next Scheduled Action:
Mandate Issued:07/09/2010
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantJamon Cuffey Y
Jenifer WicksYY
AppelleeUnited StatesN
Roy W. McLeese, IIINN
John P. Gidez NN

Events
Event DateStatusDescriptionResult
12/21/2004NOTICE OF APPEAL
01/31/2005ORDERED, sua sponte, that the stay entered by this court on September 2, 2004, in appeals nos. 00-CF-324 & 04-CO-54, is hereby vacated. F/O, sua sponte, that appeal no. 04-CO-1633 is consolidated with previously consolidated appeal nos. 00-CF-324 and 04-CO-54 for all purposes herein. F/O that Kenneth D. Auerbach, Esquire, is hereby appointed to represent appellant in appeal no. 04-CO-1633 herein. F/O that the Clerk of the Superior Court shall prepare and transmit the record index and record copies in appeal no. 04-CO-1633 to this court forthwith. (AMW)
02/10/2005RECORD INDEX (04CO1633)
02/10/2005RECORD COPIES (04CO1633)
02/15/2005 It appearing that the complete record on appeal has been filed with this court, it is ORDERED that appellant's brief 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)
03/29/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (no oppo) to May 27, 2005.
04/06/2005 On consideration of appellant's consent motion for an extension of time within which to file the brief, it is ORDERED that the motion is granted and appellant's brief shall be filed on or before May 27, 2005. (GP)
04/21/2005APPEARANCE of Jenifer Wicks as retained counsel for aplt.
05/03/2005ORDERED that the appointment of Kenneth D. Auerbach, Esquire, is hereby vacated, and the Clerk shall enter the appearance of Jenifer Wicks, Esquire, as retained counsel representing appellant herein. Kenneth D. Auerbach, Esquire, shall transmit all docuemnts pertaining to this appeal to newly-retained counsel forthwith. F/O that appellant's brief 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. (AMW)
05/23/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF October 13, 2005 (no oppo)
05/26/2005 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 or a motion to stay appeal shall be filed on or before October 13, 2005. (GP)
10/12/2005APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 1/17/06. no oppo
10/14/2005 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 shall be filed on or before January 17, 2006. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/17/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 40 days after completion of transcripts. no oppo
03/14/2006ORDERED that appellant shall within 20 days from the date of this order advise this court, with specificity, of what transcript is still outstanding and of all actions appellant has taken, including those taken since the date appellant filed the motion for an extension of time within which to file the brief, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. F/O that appellant's motion for an extension of time is hereby held in abeyance pending appellant's response to this order. (ETW)
04/03/2006APPELLANT'S ANSWER/RESPONSE - to court's order w/motion for appeal transcript attached
06/14/2006 ORDERED that the motion is granted, and the brief of appellant 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 thereof of appellant's_ receipt of the ordered transcript. (GP)
07/26/2006SUPPLEMENTAL RECORD - #7 (6 pgs/tape) 9/18/97 proc.
07/26/2006SUPPLEMENTAL RECORD - #8 (12 pgs/tape) 4/14/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #9 (7 pgs/Franklin) 6/8/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #10 (7 pgs/tape) 9/25/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #11 (22 pgs/Foster) 9/30/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #12 (88 pgs/Van Bremen) 9/30/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #13 (116 pgs/Utter) 10/28/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #14 (164 pgs/Foster) 11/2/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #15 (239 pgs/tape) 11/5/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #16 (11 pgs/Shaw) 11/18/98 proc.
07/26/2006SUPPLEMENTAL RECORD - #17 (10 pgs/tape) 2/4/99 proc.
07/26/2006SUPPLEMENTAL RECORD - #18 (23 pgs/tape) 3/5/99 proc.
07/26/2006SUPPLEMENTAL RECORD - #19 (16 pgs/tape) 8/26/99 proc.
08/09/2006 On consideration of this court's order of June 14, 2006, wherein appellant was directed to file the brief within 40 days from the date the trancsript 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 within 40 days from the date of this order. (GP)
09/18/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
09/25/2006 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 shall be filed on or before December 18, 2006. (GP)
12/15/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 1/12/07
12/22/2006 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 January 12, 2007. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
01/12/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF pending receipt of additional transcript(s) (Titled consent motion to stay briefing schedule)
01/18/2007ORDERED that appellant shall within 20 days from the date of this order, advise this court, with specificity, of what additional transcripts are still needed and of all actions appellant has taken since the date appellant filed the motion to stay briefing schedule, to assure the transmittal of that transcript to this court. See D.C. App. R. 10. F/O that appellant's motion to stay briefing schedule is hereby held in abeyance pending appellant's compliance with this order. (ETW)
02/06/2007APPELLANT'S ANSWER/RESPONSE to court's order re status of transcript.
04/06/2007ORDERED that the motion is granted and appellant's brief shall be filed within 40 days from the date the transcript is filed with this court. F/O that appellant shall advise this court within 15 days of appellant's receipt of the ordered transcripts. (GP)
08/15/2007RECORD COMPLETED
08/15/2007SUPPLEMENTAL RECORD - #20 (36 pgs/Shelton) 4/17/97 proc.
08/15/2007SUPPLEMENTAL RECORD - #21 (4 pgs/Salazar) 5/1/97 proc.
08/15/2007SUPPLEMENTAL RECORD - #22 (10 pgs/Pirfo) 6/4/98 proc.
08/15/2007SUPPLEMENTAL RECORD - #23 (6 pgs/tape) 6/26/97 proc.
08/15/2007SUPPLEMENTAL RECORD - #24 (4 pgs/Hunt) 9/2/97 proc.
08/15/2007SUPPLEMENTAL RECORD - #25 (5 pgs/Shelton) 9/8/97 proc.
08/15/2007SUPPLEMENTAL RECORD - #26 (23 pgs/Shaw) 10/20/98 proc.
08/15/2007SUPPLEMENTAL RECORD - #27 (5 pgs/Foster) 11/9/98 proc.
08/15/2007SUPPLEMENTAL RECORD - #28 (8 pgs/tape) 11/10/98 proc.
08/15/2007SUPPLEMENTAL RECORD - #29 (4 pgs/Foster) 11/12/98 proc.
08/23/2007 On consideration of this court's order of April 6, 2007, wherein appellant was directed to file the brief within 40 days from the date the trancsript 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 within 40 days from the date of this order, and appellee's brief shall be filed within 30days thereafter. See D.C. App. R. 31. (GP)
09/06/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 12/28/07. no oppo
09/11/2007 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 shall be filed on or before December 28, 2007. (GP)
12/06/2007APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until May 16, 2008 (w/consent)
12/12/2007 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 shall be filed on or before May 16, 2008. Any further requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
05/13/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF (consent) to July 10, 2008.
05/29/2008ORDERED that the motion is granted and appellant's brief shall be filed on or before July 10, 2008. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
07/10/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF 8/11/08 no oppo
07/15/2008ORDERED that the motion is granted and appellant's brief shall be filed on or before August 11, 2008. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
08/11/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF until August 29, 2008 (no oppo)
08/13/2008ORDERED that the motion is granted to the extent that the appellant's brief shall be filed by August 29, 2008, or counsel shall show cause why she should not be held in contempt for failure to comply with this court's order. (ETW)
08/29/2008APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 9/3/08 no oppo
09/03/2008RECEIVED - Appellant's Brief and Appendix
09/08/2008 On consideration of appellant's consent motion for an extension of time w/in which to file the brif and the limited appendix, and the lodged brief and appendix, it is ORDERED that the motion is granted and the Clerk shall file the lodged brief and appendix. It is F/ORDERED that the brief of appellee shall be filed on or before October 8, 2008. See D.C. App. R. 31. (ETW)
09/08/2008APPELLANT'S BRIEF
09/08/2008APPENDIX
10/02/2008APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 11/10/08. no oppo
10/03/2008 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 November 10, 2008. (GP)
11/10/2008APPELLEE'S BRIEF
11/10/2008BRIEFS COMPLETED
01/30/2009FINAL SCREENING - REGULAR CALENDAR
04/03/2009 It appearing that this appeal is likely to be calendared for argument during the month of June 2009, it is ORDERED that counsel shall advise this court in writing by April 20, 2009 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
04/14/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
05/07/2009CALENDAR NOTICE SENT
05/21/2009APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
05/21/2009RECEIVED - aplt's reply brief.
05/28/2009ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEF and the lodged reply brief is filed. (GP)
05/28/2009APPELLANT'S REPLY BRIEF
06/09/2009FiledACTION - Argued / Submitted
06/09/2009ARGUED before Judge Reid, Kramer, Farrell Jenifer Wicks, Esq. for Appellant John P. Gidez, Esq. for Appellee
06/25/2009AFFIRMED MOJ (Reid, Kramer, Farrell)
07/02/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 9/15/09. no oppo
07/10/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before September 15, 2009. (WH)
07/14/2009LETTER received from Judge Keary requesting MOJ be published. (which is done on 7/30/09).
07/30/2009ORDER (Reid, Kramer, Farrell), sua sponte, that the clerk is directed to cause this court's Memorandum Opinion and Judgment of June 25, 2009 to be published.
09/15/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 9/29/09. no oppo
09/17/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before September 29, 2009. (WH)
09/29/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB no oppo to 10/9/09
10/01/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before October 9, 2009. (WH)
10/08/2009APLT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB to 10/13/09 no oppo
10/09/2009ORD GRT APLT MO TO EXT TM TO FL PET FOR REH/REH EB on or before October 13, 2009. (WH)
10/13/2009APLT'S PETITION FOR REHEARING/REHEARING EN BANC
12/17/2009ORD DENY APPELLANT'S PETITION FOR REH/REH EN BANC (WHRZRDGLKRBRTHOBFA) (Judge Fisher is recused from this case.)
12/28/2009APPELLANT'S MOTION FOR STAY mandate pending resolution of Certiorari in direct criminal appeal (unopposed)
01/21/2010ORDER GRANTING APPELLANT MOTION FOR STAY (Reid, Kramer, Farrell) and the Clerk is directed to stay issuance of the mandate until March 15, 2010. APLT is directed to advise this court in writing upon the filing of his petition in the SCUS. D.C.App.R.41(d)(2)(B). D.C.App.R.41(d)(2).
03/08/2010APPELLANT'S MISCELLANEOUS PROCEDURAL MOTION (unopposed) for more time to stay the Mandate. (Served by: DCCA on 3/8/10).
07/09/2010MANDATE ISSUED
07/09/2010ORDER DENYING APLT MISCELLANEOUS PROCEDURAL MOTION and the Clerk is directed to issue the mandate forthwith. (Reid, Kramer, Farrell).
07/09/2010PROCEED WITH APPEAL, NO LONGER ON HOLD/STAYED