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United States Court Cases

District Of Columbia Court Of Appeals Record

WILBERT A. AVILA V. UNITED STATES

Case Information: 05-CF-1126
Short Caption:WILBERT A. AVILA V. UNITED STATESClassification:Appeals - Criminal Felony - Sexual Abuse
Superior Court or Agency Case Number:FEL5730-04Filed Date:09/01/2005

Opening Event Date:09/01/2005Case Status:Closed
Record Completed:11/06/2006Post-Decision Matter Pending:
Briefs Completed:03/09/2007
Argued/Submitted:12/05/2007
Disposition:Next Scheduled Action:
Mandate Issued:04/09/2008
Costs Waived

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
AppellantWilbert A. Avila Y
James W. KleinNY
Shilpa S. SatoskarNY
AppelleeUnited StatesN
Roy W. McLeese, IIINN

Events
Event DateStatusDescriptionResult
09/01/2005NOTICE OF APPEAL
10/20/2005 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)
10/31/2005STATEMENT REGARDING TRANSCRIPT(S) (RT ordered/needed (pii))
03/29/2006RECORD INDEX
03/29/2006RECORD COPIES
03/29/2006SUPPLEMENTAL RECORD - #1 (241 pgs/Kaczorowski) 5/5-6/05 proc.
03/29/2006SUPPLEMENTAL RECORD - #2 (301 pgs/Graybill) 5/9-10/05 proc.
03/29/2006SUPPLEMENTAL RECORD - #3 (302-498 pgs/Graybill) 5/11-12/05 proc.
03/29/2006SUPPLEMENTAL RECORD - #4 (46 pgs/Ransom-Jones) 5/16/05 proc.
03/29/2006SUPPLEMENTAL RECORD - #5 (6 pgs/Salazar) 5/17/05 proc.
03/29/2006SUPPLEMENTAL RECORD - #6 (36 pgs/tape) 8/5/05 proc.
04/05/2006 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)
05/15/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 90 days. no oppo
05/19/2006 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 August 14, 2006. (GP)
08/11/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF no oppo to 90 days
08/17/2006 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 limited appendix shall be filed on or before November 13, 2006. Any furthr requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (GP)
10/02/2006STATEMENT (supp) of aplt re transcript (2 additional RT's ordered (pii))
11/06/2006RECORD COMPLETED
11/06/2006SUPPLEMENTAL RECORD - #7 (50 pgs/Hogue) 4/5/05 proc.
11/06/2006SUPPLEMENTAL RECORD - #8 (74 pgs/Kaczorowski) 5/13/05 proc.
11/13/2006APPELLANT'S MOTION TO EXTEND TIME TO FILE BRIEF to 30 days. no oppo
11/21/2006ORDERED that the motion is granted and appellant's brief and the limited appendix shall be filed on or before December 13, 2006. No further requests for extensions of time will be granted absent a showing of good cause. (ETW)
12/04/2006APPELLANT'S BRIEF
12/04/2006APPENDIX
12/20/2006APPELLEE'S MOTION TO EXTEND TIME TO FILE BRIEF to 3/9/07. no oppo
12/22/2006 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 9, 2007. (GP)
03/09/2007APPELLEE'S BRIEF
03/09/2007BRIEFS COMPLETED
03/09/2007APLE MOTION FOR LEAVE TO SUPPLEMENT THE RECORD w/tape recordings. no oppo
03/13/2007 On consideration of the unopposed motion of appellee to supplement the record with the lodged exhibits that were part of the record in the trial court, it is ORDERED that the motion is granted and the lodged exhibits will be forwarded to the Appeals Coordinator's Office for transmittal to this court as a supplemental record. (GP)
03/19/2007SUPPLEMENTAL RECORD #9 (Exhibits 4 & 13 -- 911 Tape Recordings/2 cassettes in envelope)
04/06/2007FINAL SCREENING - REGULAR CALENDAR
06/19/2007SUPPLEMENTAL RECORD - #10 (docket entries)
07/12/2007 It appearing that this appeal is likely to be calendared for argument during the months of October 2007 thru December 2007, it is ORDERED that counsel shall advise this court in writing by August 13, 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
08/08/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/09/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
08/13/2007LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
10/29/2007CALENDAR NOTICE SENT
10/29/2007RECEIVED - aple's supp ltr re calendering.
11/20/2007APPELLANT'S MOTION FOR LEAVE TO FILE REPLY BRIEF no oppo
11/20/2007RECEIVED - aplt's reply brief.
12/03/2007ORDER GRANT APLT MOTION FOR LV TO FILE REPLY BRIEFand the lodged reply brief is filed. (GP)
12/03/2007APPELLANT'S REPLY BRIEF
12/05/2007FiledACTION - Argued / Submitted
12/05/2007ARGUED before Judges Glickman, Blackburne-Rigsby, Steadman Mikel-Meredith Weidman, Esq. for Appellant Patricia A. Heffernan, Esq. for Appellee
12/10/2007CERTIFICATE PER RULE 28
03/17/2008AFFIRMED IN PART/REMANDED IN PART MOJ (Glickman, Blackburne-Rigsby, Steadman) remanding the case w/instructions to vacate appellant's conviction for attempted first degree sexual abuse and affirming the judgment appealed from in all other respects. NOTE: Judge Glickman concurs in the result with statement.
04/09/2008MANDATE ISSUED
04/09/2008CJA ATTORNEY'S QUALLS LETTER