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Kellogg Appeal - Pt. I
Dale Kellogg's APPEAL of the Magistrate trial convictions, commenced in March 2009, going first to the U.S. District Court in Casper, Wyoming.
USA v. Kellogg
-- A criminal case appeal to the U.S. District Court, District of Wyoming - Casper
Appeal No: 1:10-mj-00053-WFD
Date filed: 03/08/2010
Date of last filing: 02/08/2011
This summary is adapted from the official Docket posted on-line...
further comments on these actions & items are presented in italics.
Documents
Doc. No. Description Dates
"""""""""""""""""""""""""""""""""""""""""
1 Magistrate Papers: Judgment and Sentence filed on 11/20/2009 from Teresa McKee (sds, ) Modified file date to match file stamp, not date received in Clerk's office. 3/15/2010 (sds, ).
Filed: 11/20/2009
Entered: 03/09/2010
2 Notice (Other): Judgment filed by Teresa McKee, Magistrate Judge, on 2/25/2010 as to Dale Kellogg. (sds, ) Modified file date to match file stamp, not date received in Clerk's office on 3/15/2010 (sds, ).
Filed: 02/25/2010
Entered: 03/09/2010
3 Notice of Appeal in Magistrate Case: NOTICE OF APPEAL of Magistrate Order [2] by Dale Kellogg. Filing fee unpaid. (sds, )
Filed: 03/08/2010
Entered: 03/09/2010
4 Preliminary Record Sent to USCA: FILED IN ERROR - MAGISTRATE APPEAL - Preliminary Record of appeal sent to USCA and counsel as to Dale Kellogg re [3] Notice of Appeal in Magistrate Case The procedures and appeals packet may be obtained from our website at www.wyd.uscourts.gov (Attachments: # (1) Docket Sheet, # (2) Preliminary ROA including NOA) (sbad, ) Modified on 3/9/2010 (sbad, ).
Filed & Entered: 03/09/2010
5 Motion for Extension of Time re Transcript: MOTION for Extension of Time by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order ORDER FOR EXTENSION OF DEADLINES)(Whiting, James) (Additional attachment(s) added on 3/23/2010: # (2) Corrected Attachment) (sjc, ). Modified on 3/23/2010 (sjc, ).
Filed & Entered: 03/22/2010
Terminated: 07/26/2010
6 Notice (Other): MAGISTRATE PAPERS as defendant Dale Kellogg (Attachments: # (1) Part 2)(sds, )
Filed: 03/22/2010
Entered: 03/24/2010
7 Motion for Leave to Appeal In Forma Pauperis: MOTION for Leave to Appeal In Forma Pauperis by Defendant(s) Dale Kellogg. (sds, )
Filed: 03/23/2010
Entered: 03/24/2010
Terminated: 07/26/2010
8 Order: ORDER by the Honorable Judge William F Downes as to Dale Kellogg. The Court grants the Defendant's [5] Motion for Extension of Deadlines and the Defendants [7] Motion to Appeal In Forma Pauperis. However, the Court DENIES defendant's request to "have each and every portion of every hearing transcribed" and orders Counsel for Defendant to request transcription of those porceedings that present issues germane to Defendant's appeal. Defendant is directed to file his brief within 30 days of the date of the Order. The Government will have 14 days to respond. (sds, )
Filed & Entered: 07/26/2010
9 Motion to Extend: Second MOTION to Extend by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 08/24/2010
Terminated: 08/25/2010
10 Order on Motion to Extend: ORDER granting [9] Motion to Extend Deadlines as to Dale Kellogg (1) by the Honorable Judge William F Downes; Orders that the brief identifying with particularity the issues on appeal be filed within 30 days of the date that the transcript is provided to the parties and that the US file a response within 14 days from the filing of the defendant's brief.(sjc, )
Filed & Entered: 08/25/2010
The attorney's initial transcript request was way too broad, did not use the right form
or follow the rules (see Doc. 8 above)... we had to provide him the right information.
He then filed a proper Transcript Order (late August?), seeking the record of the trial
but not of the arraignment as instructed. :-|
11 Transcript: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial as to Dale Kellogg held on 11/9/09 before Judge Teresa M. McKee. Court Reporter: Jamie Hendrich. To purchase a copy of this transcript, please contact Jamie Hendrich at 307-265-5280 or jamielhendrich@cs.com. A party must file a Notice of Intent to Request Redaction within 7 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 10/1/2010. Notice of Redaction Request due 10/15/2010. Redacted Transcript Deadline set for 10/25/2010. Release of Transcript Restriction set for 12/23/2010. (Hendrich, Jamie)
Filed & Entered: 09/24/2010
12 Motion to Extend: Third MOTION to Extend by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 10/22/2010
Terminated: 11/01/2010
13 Motion to Continue: Third MOTION to Continue by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 11/01/2010
Terminated: 11/01/2010
14 Order on Motion to Continue: ORDER by the Honorable Judge William F Downes granting [13] Motion to Continue as to Dale Kellogg. Defendant's Brief is due November 5, 2010. The Government's Reply will be due 14 days from the filing of the Defendant's Brief. (sds, )
Filed & Entered: 11/01/2010
15 Motion to Withdraw as Attorney: MOTION to Withdraw Attorney James Whiting by Defendant(s) Dale Kellogg. (Whiting, James)
Filed & Entered: 11/04/2010
Terminated: 01/05/2011
The full title: "Motion of Appellant's Counsel to Withdraw Under ANDERS v. CALIFORNIA,
386 U.S. 738 (1967), and Rule 46.B.1, and Brief in Support Thereof".
This was a rare procedure - erroneously citing the 10th Circuit rule - and a complete
surprise, suddenly dumping the appeal.
16 Motion for Order: Propoesed Order for [15] Motion to Withdraw by Defendant(s) Dale Kellogg. (Whiting, James) Modified docket text on 12/29/2010 (sds, ).
Filed & Entered: 11/11/2010
Terminated: 11/19/2010
17 Response: RESPONSE to [15] MOTION to Withdraw Attorney James Whiting by USA as to Dale Kellogg. (Conder, Jason)
Filed & Entered: 11/16/2010
This is the response of the Asst. US Attorney' ('Government') supporting the withdrawal
of Appellant's Counsel, and his claim that the appeal was frivolous.
18 Order on Motion to Withdraw as Attorney: ORDER Granting Counsel's Motion to Withdraw and Dismissing Defendant's Appeal by the Honorable Judge William F Downes re [15] Motion to Withdraw as Attorney. James T Whiting withdrawn from case as to Dale Kellogg (1) (stbd)
Filed & Entered: 01/05/2011
19 Motion to Continue: First MOTION to Continue the Appeal by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 01/07/2011
Terminated: 01/11/2011
After the judge granted his Motion to Withdraw and summarily dismissed the case (Doc. 18),
the lawyer filed this Motion to Reconsider, to allow the Appellant a chance to file a 'pro se' Brief...
20 Order on Motion to Continue: ORDER by the Honorable Judge William F Downes VACATING Order Dismissing appeal and Setting Briefing Schedule for Pro Se Petitioner as to Dale Kellogg. Mr Kellogg, as defendant-appellant shall file his initial brief with the Court no later than February 11 2011. The Government shall file any response within fourteen days of the filing of Defendant-Appellant's brief. The Defendant-Appellant shall file any reply within seven days of the Government's response, if any. (sds, )
Filed & Entered: 01/11/2011
...which the judge readily accommodated - and once again Kellogg was being pushed
into major proceedings without legal representation. The lawyer never informed him
of his rights in response to the 'Anders' withdrawal, and misinformed him that a
'pro se' brief was required, and his only option.
22 Motion to Appoint Counsel: Response to Counsel's Motion to Withdraw and Motion for the Appointment of Counsel by Defendant Dale Kellogg. (sds, )
Filed: 02/07/2011
Entered: 02/08/2011
The full title: "Appellant's Response to Counsel's Motion to Withdraw, and Motion to
Authorize New Court-Appointed Counsel". Kellogg challenges the lawyer's assertion
that there are "no meritorious appealable issues", and his deficient conduct of the case...
he then re-affirms his eligibility for representation as an 'in forma pauperis' appellant,
and calls for the Court to authorize new counsel of his own choosing.
23 Motion to Continue: MOTION for Continuance or Stay of Proceedings by Defendant Dale Kellogg. (sds, ) Modified on 2/8/2011 (sds, ).
Filed: 02/07/2011
Entered: 02/08/2011
The full title: "Appellant's Motion for Continuance or Stay of Proceedings".
This is the tandem motion per above (Doc. 22), seeking adequate time to secure
new representation and prepare for briefing.
24 Response to Motion: RESPONSE to [22] MOTION to Appoint Counsel, [23] MOTION to Continue by USA as to Dale Kellogg. (Conder, Jason)
Filed & Entered: 02/08/2011
Government Response in opposition, persisting that the appeal is frivolous.
jada-jing
-- A criminal case appeal to the U.S. District Court, District of Wyoming - Casper
Appeal No: 1:10-mj-00053-WFD
Date filed: 03/08/2010
Date of last filing: 02/08/2011
This summary is adapted from the official Docket posted on-line...
further comments on these actions & items are presented in italics.
Documents
Doc. No. Description Dates
"""""""""""""""""""""""""""""""""""""""""
1 Magistrate Papers: Judgment and Sentence filed on 11/20/2009 from Teresa McKee (sds, ) Modified file date to match file stamp, not date received in Clerk's office. 3/15/2010 (sds, ).
Filed: 11/20/2009
Entered: 03/09/2010
2 Notice (Other): Judgment filed by Teresa McKee, Magistrate Judge, on 2/25/2010 as to Dale Kellogg. (sds, ) Modified file date to match file stamp, not date received in Clerk's office on 3/15/2010 (sds, ).
Filed: 02/25/2010
Entered: 03/09/2010
3 Notice of Appeal in Magistrate Case: NOTICE OF APPEAL of Magistrate Order [2] by Dale Kellogg. Filing fee unpaid. (sds, )
Filed: 03/08/2010
Entered: 03/09/2010
4 Preliminary Record Sent to USCA: FILED IN ERROR - MAGISTRATE APPEAL - Preliminary Record of appeal sent to USCA and counsel as to Dale Kellogg re [3] Notice of Appeal in Magistrate Case The procedures and appeals packet may be obtained from our website at www.wyd.uscourts.gov (Attachments: # (1) Docket Sheet, # (2) Preliminary ROA including NOA) (sbad, ) Modified on 3/9/2010 (sbad, ).
Filed & Entered: 03/09/2010
5 Motion for Extension of Time re Transcript: MOTION for Extension of Time by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order ORDER FOR EXTENSION OF DEADLINES)(Whiting, James) (Additional attachment(s) added on 3/23/2010: # (2) Corrected Attachment) (sjc, ). Modified on 3/23/2010 (sjc, ).
Filed & Entered: 03/22/2010
Terminated: 07/26/2010
6 Notice (Other): MAGISTRATE PAPERS as defendant Dale Kellogg (Attachments: # (1) Part 2)(sds, )
Filed: 03/22/2010
Entered: 03/24/2010
7 Motion for Leave to Appeal In Forma Pauperis: MOTION for Leave to Appeal In Forma Pauperis by Defendant(s) Dale Kellogg. (sds, )
Filed: 03/23/2010
Entered: 03/24/2010
Terminated: 07/26/2010
8 Order: ORDER by the Honorable Judge William F Downes as to Dale Kellogg. The Court grants the Defendant's [5] Motion for Extension of Deadlines and the Defendants [7] Motion to Appeal In Forma Pauperis. However, the Court DENIES defendant's request to "have each and every portion of every hearing transcribed" and orders Counsel for Defendant to request transcription of those porceedings that present issues germane to Defendant's appeal. Defendant is directed to file his brief within 30 days of the date of the Order. The Government will have 14 days to respond. (sds, )
Filed & Entered: 07/26/2010
9 Motion to Extend: Second MOTION to Extend by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 08/24/2010
Terminated: 08/25/2010
10 Order on Motion to Extend: ORDER granting [9] Motion to Extend Deadlines as to Dale Kellogg (1) by the Honorable Judge William F Downes; Orders that the brief identifying with particularity the issues on appeal be filed within 30 days of the date that the transcript is provided to the parties and that the US file a response within 14 days from the filing of the defendant's brief.(sjc, )
Filed & Entered: 08/25/2010
The attorney's initial transcript request was way too broad, did not use the right form
or follow the rules (see Doc. 8 above)... we had to provide him the right information.
He then filed a proper Transcript Order (late August?), seeking the record of the trial
but not of the arraignment as instructed. :-|
11 Transcript: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial as to Dale Kellogg held on 11/9/09 before Judge Teresa M. McKee. Court Reporter: Jamie Hendrich. To purchase a copy of this transcript, please contact Jamie Hendrich at 307-265-5280 or jamielhendrich@cs.com. A party must file a Notice of Intent to Request Redaction within 7 business days. If a party fails to request redaction, the unredacted transcript attached to this entry will be made available electronically without redaction. Notice of Intent to Redact due 10/1/2010. Notice of Redaction Request due 10/15/2010. Redacted Transcript Deadline set for 10/25/2010. Release of Transcript Restriction set for 12/23/2010. (Hendrich, Jamie)
Filed & Entered: 09/24/2010
12 Motion to Extend: Third MOTION to Extend by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 10/22/2010
Terminated: 11/01/2010
13 Motion to Continue: Third MOTION to Continue by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 11/01/2010
Terminated: 11/01/2010
14 Order on Motion to Continue: ORDER by the Honorable Judge William F Downes granting [13] Motion to Continue as to Dale Kellogg. Defendant's Brief is due November 5, 2010. The Government's Reply will be due 14 days from the filing of the Defendant's Brief. (sds, )
Filed & Entered: 11/01/2010
15 Motion to Withdraw as Attorney: MOTION to Withdraw Attorney James Whiting by Defendant(s) Dale Kellogg. (Whiting, James)
Filed & Entered: 11/04/2010
Terminated: 01/05/2011
The full title: "Motion of Appellant's Counsel to Withdraw Under ANDERS v. CALIFORNIA,
386 U.S. 738 (1967), and Rule 46.B.1, and Brief in Support Thereof".
This was a rare procedure - erroneously citing the 10th Circuit rule - and a complete
surprise, suddenly dumping the appeal.
16 Motion for Order: Propoesed Order for [15] Motion to Withdraw by Defendant(s) Dale Kellogg. (Whiting, James) Modified docket text on 12/29/2010 (sds, ).
Filed & Entered: 11/11/2010
Terminated: 11/19/2010
17 Response: RESPONSE to [15] MOTION to Withdraw Attorney James Whiting by USA as to Dale Kellogg. (Conder, Jason)
Filed & Entered: 11/16/2010
This is the response of the Asst. US Attorney' ('Government') supporting the withdrawal
of Appellant's Counsel, and his claim that the appeal was frivolous.
18 Order on Motion to Withdraw as Attorney: ORDER Granting Counsel's Motion to Withdraw and Dismissing Defendant's Appeal by the Honorable Judge William F Downes re [15] Motion to Withdraw as Attorney. James T Whiting withdrawn from case as to Dale Kellogg (1) (stbd)
Filed & Entered: 01/05/2011
19 Motion to Continue: First MOTION to Continue the Appeal by Defendant(s) Dale Kellogg. (Attachments: # (1) Proposed Order)(Whiting, James)
Filed & Entered: 01/07/2011
Terminated: 01/11/2011
After the judge granted his Motion to Withdraw and summarily dismissed the case (Doc. 18),
the lawyer filed this Motion to Reconsider, to allow the Appellant a chance to file a 'pro se' Brief...
20 Order on Motion to Continue: ORDER by the Honorable Judge William F Downes VACATING Order Dismissing appeal and Setting Briefing Schedule for Pro Se Petitioner as to Dale Kellogg. Mr Kellogg, as defendant-appellant shall file his initial brief with the Court no later than February 11 2011. The Government shall file any response within fourteen days of the filing of Defendant-Appellant's brief. The Defendant-Appellant shall file any reply within seven days of the Government's response, if any. (sds, )
Filed & Entered: 01/11/2011
...which the judge readily accommodated - and once again Kellogg was being pushed
into major proceedings without legal representation. The lawyer never informed him
of his rights in response to the 'Anders' withdrawal, and misinformed him that a
'pro se' brief was required, and his only option.
22 Motion to Appoint Counsel: Response to Counsel's Motion to Withdraw and Motion for the Appointment of Counsel by Defendant Dale Kellogg. (sds, )
Filed: 02/07/2011
Entered: 02/08/2011
The full title: "Appellant's Response to Counsel's Motion to Withdraw, and Motion to
Authorize New Court-Appointed Counsel". Kellogg challenges the lawyer's assertion
that there are "no meritorious appealable issues", and his deficient conduct of the case...
he then re-affirms his eligibility for representation as an 'in forma pauperis' appellant,
and calls for the Court to authorize new counsel of his own choosing.
23 Motion to Continue: MOTION for Continuance or Stay of Proceedings by Defendant Dale Kellogg. (sds, ) Modified on 2/8/2011 (sds, ).
Filed: 02/07/2011
Entered: 02/08/2011
The full title: "Appellant's Motion for Continuance or Stay of Proceedings".
This is the tandem motion per above (Doc. 22), seeking adequate time to secure
new representation and prepare for briefing.
24 Response to Motion: RESPONSE to [22] MOTION to Appoint Counsel, [23] MOTION to Continue by USA as to Dale Kellogg. (Conder, Jason)
Filed & Entered: 02/08/2011
Government Response in opposition, persisting that the appeal is frivolous.
jada-jing
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