Case: Groseclose v. Dutton

Harries v. Bell

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

PETITION FOR WRIT OF HABEAS CORPUS (dm) (Entered: 10/12/1995)

MOTION by defendant Michael Dutton for order to ascertain status & for a status conf. (db) (Entered: 12/08/1992)

ATTORNEY APPEARANCE for defendant Dutgton by Glenn Richard Pruden, AAG (db) (Entered: 12/08/1992)

MOTION by defendant Michael Dutton for ruling on his mtn to ascertain status filed 12/4/92 (db) (Entered: 01/12/1993)

RESPONSE by plaintiff William E. Groseclose to motion for ruling on his mtn to ascertain status filed 12/4/92 [401-1] (db) (Entered: 01/21/1993)

ORDER by Judge John T. Nixon granting motion for order to ascertain status & for a status conf. [399-1] Status conference: set at 10:00 2/19/93 (cc: all counsel) (EOD 1/29/93) (db) (Entered: 01/29/1993)

CLERK'S RESUME of 2/19/93 before Judge Nixon ; Status conf held at 10:00 2/19/93, mtn to substitute Michael Passino & Peter Alliman as attys fo records, GRANTED; Mtn to inspect the record, GRANTED; Mtn for an ext of 60 days to amend the petition, GRANTED; The state of Tn allowed 30 days to file a response to the amended petitioner; An agreed order will enter C/R : C. Garcia (db) (Entered: 02/22/1993)

MOTION by plaintiff for leave to check out record (db) (Entered: 02/22/1993)

ORDER by Judge John T. Nixon granting motion for leave to check out record [405-1], the petitioner's counsel is permitted to review this Court's record; petitioner's counsel may check out those portions of the record he designates & petitioner having been authorized to proceed ifp, the Clerk is directed to supply petitioner's counsel with a copy of the docket sheet in this action at no charge (cc: all counsel)(EOD 2/22/93) (db) (Entered: 02/22/1993)

ORDER Substituting Counsel by Judge John T. Nixon that Wm P. Redick, Jr., Richard McGee & Lionel Barrett are permitted to withdraw from this procceding as counsel of record for petitioner & Peter Alliman & Michael J. Passino are appointed to represent petitioner in the proccedings (cc: all counsel)(EOD 2/22/93) (db) (Entered: 02/22/1993)

TRANSCRIPT filed of Status Conference on 2/19/93. (kys) (Entered: 03/01/1993)

PROPOSED Order addressing status of case (db)

MOTION by defendant Michael Dutton for order for mental evaluation & supporting memorandum (db) (Entered: 03/15/1993)

RESPONSE by plaintiff Ronald Harries to motion for order for mental evaluation & supporting memorandum [409-1] (db) (Entered: 03/26/1993)

RESPONSE by Guardian Ad Litem & petitioners Grouseclose & Harries to motion for order for mental evaluation & supporting memorandum [409-1] (db) (Entered: 03/30/1993)

REPLY by defendant Michael Dutton to response to motion for order for mental evaluation & supporting memorandum [409-1] (db) (Entered: 04/02/1993)

MOTION by plaintiff Ronald Harries to modify schedo (w/atth doc submitted under seal) (db) Modified on 05/07/1993 (Entered: 04/24/1993)

RESPONSE by defendant to motion to modify schedo [413-1] (db) Modified on 05/07/1993 (Entered: 05/07/1993)

REPLY by plaintiff to response to motion to modify schedo [413-1] (db) (Entered: 05/07/1993)

REMARKS copy of doc #416 sent to Attys Passino & Alliman only (db)

MOTION by plaintiff to modify confidential docs submitted under seal (db) (Entered: 05/21/1993)

CLERK'S RESUME of 5/21/93, Status conf, granting motion for order for reevaluation of Harris [409-1] (db) (Entered: 05/24/1993)

PROPOSED Order re: reflecting ruling made on 5/21/93 at status conf (db)

ORDER by Judge John T. Nixon granting motion for order for mental evaluation & supporting memorandum [409-1],Ordered that all parties are to refrain from taking any action that would require expenditure of additional federal monies for goos or services rendered until further order of this Court, Petitioner is granted a period of 30 days following entry of this Court's order ruling on the competency of Mr. Harries in which to file an amded or supplemental petition, or other pleading in this cause (cc: all counsel)(EOD 6/2/93) (db) (Entered: 06/02/1993)

ORDER by Judge John T. Nixon granting motion to modify schedo [413-1], allowing the petitioner 30 days after this Court has declared him competent, to file an amd or suppl petition or other pleadins in this cause (cc: all counsel)(EOD 6/15/93) (db) (Entered: 06/15/1993)

MAIL Returned [422-1] addressed to Special Master Patrick McManus at P.O. Box 2567, NT noted by USPO ret to sender/not at this address (db)

REMARKS Atty main form sent to Ag2 re: doc entry of 6/14/93 retmail (db)

ORDER by Judge John T. Nixon Status conference: set at 1:30 9/20/93 (cc: all counsel)(EOD 8/24/93) (db) (Entered: 08/24/1993)

MOTION by defendant State of Tn for leave to withdraw record (w/atth afdt) (db) Modified on 09/23/1993 (Entered: 09/09/1993)

MOTION by defendant Michael Dutton for leave to serve request for production of documents & subpoena duces tecum (db) (Entered: 09/22/1993)

MEMORANDUM by defendant in support of motion for leave to serve request for production of documents & subpoena duces tecum [427-1] (db) (Entered: 09/22/1993)

NOTICE of Mental Competency Evaluation & MOTION (REQUEST) by defendant Michael Dutton for order to submit thereto (db) (Entered: 09/22/1993)

MEMORANDUM by defendant in support of motion for order for mental competency evlaution [429-1] (db) (Entered: 09/22/1993)

PROPOSED Order re: doc #429 (db)

ORDER by Judge John T. Nixon granting the State's motion for leave to withdraw record [426-1] (cc: all counsel)(EOD 9/23/93) (db) (Entered: 09/23/1993)

NOTICE of change of address from Michael J. Passino (db)

REMARKS atty main form sent to Ag2 re: address chg for M. Passino (note: cc of #431 st to Atty Passino at Passino & Minton 213 5th Ave., N. NT 37219-1901) (db)

CLERK'S RESUME of Status Conf before Judge Nixon granting motion to administer mental conpetency evaluation [429-1], granting motion to hold case in obeyance [399-1] C/R : Becky Head (db) (Entered: 09/27/1993)

ORDER by Judge John T. Nixon, The Court, having reviewed the positions of the respective parties, has granted respondent's mtn for order for mental competency evaluation in a separate order issued by the Court. The Court ORDERS that all further matters be held in abeyance pending the outcome of petitioner's mental competency evaluation (cc: all counsel)(EOD 9/28/93) (db) (Entered: 09/28/1993)

PROPOSED Agreed Order re: ext of X to respond to a 9/20/93 mtn (db)

RESPONSE by plaintiff to request for discovery [427-1] (db) (Entered: 10/06/1993)

MOTION by plaintiff to reconsider 9/27/93 order & to clarify & define terms of mental status evaluation (this mtn is one & the same as #435) (db) (Entered: 10/06/1993)

RESPONSE by Guardian Ad Litem (Harl Hardin) to motion for leave to serve request for production of documents & subpoena duces tecum [427-1] (db) (Entered: 10/13/1993)

AGREED ORDER by Judge John T. Nixon, petitioner shall have til Wed 10/6/93, to file a response to respondent's "ntc of metal competency evaluation & request for order to submit thereto" (cc: all counsel) (EOD 10/13/93) (db) (Entered: 10/13/1993)

REPLY by respondent Michael Dutton to petitioner's responses to respondent's notice of mental competency evaluation and request for order to submit thereto [429-1] and respondent's request for discovery and memorandum of law in support [427-1] with attachments. (ks) (Entered: 10/20/1993)

ORDER by Judge John T. Nixon setting hearing on motion to reconsider 9/27/93 order & to clarify & define terms of mental status evaluation [435-1] & setting hearing on motion for leave to serve request for production of documents & subpoena duces tecum [427-1] Oral Argument : set at 1:00 11/5/93 on the above mentioned mtns & their responses, The Court orders that this Court's 9/27/93 order granting respondent's mtn for order for mental competnecy evaluation be STAYED pending the outcome of oral argument (cc: all counsel)(EOD 10/22/93) (db) (Entered: 10/22/1993)

REMARKS file returned by AAG Pruden (re: doc #431) (db)

CLERK'S RESUME before Judge Nixon ; Oral Argument on discovery & the evaluation of Harris held at 1:00 11/5/93, Order will enter on or before 11/15/93 C/R : John Tummel (db) (Entered: 11/09/1993)

ORDER by Judge John T. Nixon, this Court's 9/27/93 order granting respondent's mtn for order for mtenal competency evlauation is STAYED pending the outcome petitioner's state post conviction action challenging his sentence of death under State v Middlebrooks [433-1], denying motion for leave to serve request for production of documents & subpoena duces tecum [427-1] (EOD 11/22/93) (cc: all counsel) (db) (Entered: 11/22/1993)

ORDER by Judge John T. Nixon ; Status conference set for 1:00 8/12/94 (EOD 8/2/94) (cc: all counsel) (db) (Entered: 08/02/1994)

MOTION by plaintiff Ronald Harries, plaintiff William E. Groseclose to continue the status conf of 8/12/94 (db) (Entered: 08/06/1994)

AFFIDAVIT of Larry D. Woods re [443-1] (db) (Entered: 08/06/1994)

ORDER by Judge John T. Nixon granting motion to continue the status conf of 8/12/94 [443-1] ; Status conference reset for 10:30 8/26/94 (EOD 8/11/94) (cc: all counsel) (db) Modified on 08/11/1994 (Entered: 08/11/1994)

CLERK'S RESUME before Judge Nixon ; Status conference held 8/26/94, Larry Woods for pltf & G. Pruden for deft; Harries to remain stayed pending a mtn in state court to revisit Middlebrooks C/R : C. Barr (db) (Entered: 08/30/1994)

ORIGINAL TRANSCRIPT filed of the evidence, Status Conf held 8/26/94 before Judge Nixon; C. Barr, reporter: (also re: #3:89-0662; 3:92-0180; 3:88-0567; 3:86-0293 & 3:86-0286) (db) (Entered: 09/20/1994)

ORDER by Judge John T. Nixon Status conference set for 10:00 4/24/95 (EOD 4/11/95) (cc: all counsel) (db) (Entered: 04/11/1995)

TRANSCRIPT filed of the evidence, status conference on 4/24/95 before Judge Nixon (dm) (Entered: 05/24/1995)

ORDER by Judge John T. Nixon: Status conference set for 11:00 on 11/21/95 (cc: all counsel) EOD 11/21/95 (dm) (Entered: 11/21/1995)

CLERK'S RESUME: Status conference held 11/21/95 C/R: Charlotte Barr. Petitioner's attorney writing for decision from State Court regarding issues raised in the Middlebrooks' Opinion. Petitioner's attorney to notify this Court of the decision as soon as he receives the notice. (dm) (Entered: 11/22/1995)

TRANSCRIPT filed of the Evidence before Judge Nixon on 11/21/95 (dm) (Entered: 12/14/1995)

MOTION by deft Michael Dutton to dismiss w/o prej (Attached proposed order) (dm) (Entered: 10/22/1997)

MEMORANDUM of LAW by deft Michael Dutton in support of motion to dismiss [453-1] (Attachment) (dm) (Entered: 10/22/1997)

RESPONSE by pltfs to deft's motion to dismiss [453-1]; w/attachments 1 - 5 (tlc) (Entered: 11/14/1997)

ORDER by Judge John T. Nixon setting hearing on motion to dismiss [453-1] for 10:00 on 12/10/97 (cc: all counsel) EOD 11/26/97 (dm) (Entered: 11/26/1997)

CLERK'S RESUME: Hearing held on motion to dismiss [453-1] on 12/10/97. C/R: Charlotte Barr. Order to enter (dm) (Entered: 12/11/1997)

TRANSCRIPT filed of proceedings before Judge Nixon on 12/10/97 (dm) (Entered: 01/09/1998)

MEMORANDUM OPINION by Judge John T. Nixon denying motion to dismiss [453-1] as MOOT. Status conference set for 10:30 on 1/23/98 (cc: all counsel) EOD 1/15/98 (dm) (Entered: 01/15/1998)

MOTION by defts to reset status conference (Attached proposed order) (dm) (Entered: 01/22/1998)

ORDER by Judge John T. Nixon granting motion to reset status conference [460-1]: Status conference reset for 10:00 on 1/28/98 (cc: all counsel) EOD 1/23/98 (dm) (Entered: 01/23/1998)

TRANSCRIPT filed of Proceedings before Judge Nixon on 1/28/98 (dm) (Entered: 02/18/1998)

PROPOSED Agreed Scheduling Order (dm)

AGREED SCHEDULING ORDER approved by Judge John T. Nixon: Status conference held 1/28/98. Telephone conference held 2/10/98. On or before 3/16/98, the respondent will supplement the record with additional portions of the state court record, on or before 8/1/98, the petitioner will file an amended petition, on or before 9/14/98, the respondent will file an answer; immediately after the respondent files an answer, the parties will meet and confere about the final portion of the schedule in this proceeding, including the dates for the resolution of procedural issues, and the date for an evidentiary hearing, if necessary (cc: all counsel) EOD 2/20/98 (dm) (Entered: 02/20/1998)

NOTICE by pltf Ronald Harries' attorney, Hal T. Hardin, that as per the Court's previous order the ward has been declared incompetent and the Guardian at this time will rely upon that finding (dm) (Entered: 03/02/1998)

NOTICE by defts of Filing Addendum Nos. 3 thru 34 (Attachments) (dm) (Entered: 03/17/1998)

NOTICE by deft of filing Addendum Nos. 5 and 5A (Attachments) (dm) (Entered: 03/18/1998)

MOTION by respondent, Ricky Bell for order for petitioner to submit to mental status examination (dm) (Entered: 04/03/1998)

MEMORANDUM by deft Ricky Bell in support of motion for order for petitioner to submit to mental status examination [467-1] (w/attachment) (dm) (Entered: 04/03/1998)

RESPONSE by guardian ad litem to motion for order for petitioner to submit to mental status examination [467-1] (gi) (Entered: 04/28/1998)

RESPONSE by pltf Ronald Harries to motion for order for petitioner to submit to mental status examination [467-1] (dm) (Entered: 04/30/1998)

MEMORANDUM by pltf Ronald Harries in support of motion response [470-1] (dm) (Entered: 04/30/1998)

ORDER by Judge John T. Nixon granting motion for order for petitioner to submit to mental status examination [467-1] (cc: all counsel) EOD 4/30/98 (dm) (Entered: 04/30/1998)

SUPPLEMENTAL NOTICE by defts re Mental Status Evaluation [467-1]. Dr. Martell will commence said mental status evaluation at 9:00 on 5/7/98 at RMSI (dm) (Entered: 05/07/1998)

MOTION by respondent for order to declare petitioner Ronald Harries mentally competent (dm) (Entered: 10/13/1998)

MEMORANDUM of LAW by respondent in support of motion for order to declare petitioner Ronald Harries mentally competent [474-1] (w/attachments) (dm) (Entered: 10/13/1998)

MOTION by pltf Ronald Harries' attorney, Hal D. Hardin, for order allowing him to withdraw as guardian ad litem and for grounds would show unto the Court that the guardian ad litem believes that it is in the best interest of all involved that new counsel be appointed in his stead (dm) (Entered: 11/16/1998)

ORDER by Judge John T. Nixon granting attorney Hal D. Hardin's motion for order allowing him to withdraw as guardian ad litem for pltf Ronald Harries [476-1] (cc: all counsel, Clerk Milam) EOD 11/25/98 (dm) (Entered: 11/25/1998)

ORDER by Judge John T. Nixon setting a competency hearing to assist the Court in ruling on motion for order to declare petitioner Ronald Harries mentally competent [474-1] for 10:00 on 4/5/99 (cc: all counsel, Henry Martin, Public Defender's Office) EOD 3/29/99 (dm) (Entered: 03/29/1999)

ORDER by Judge John T. Nixon setting competency hearing for petitioner Ronald Harries on 10:00 on 9/20/99. The Court hereby appoints Bradley A. MacLean as GUARDIAN AD LITEM for Ronald Harries. William P. Redick Jr. and Peter J. Alliman are appointed as counsel for Ronald Harries (cc: all counsel) EOD 4/14/99 (dm) (Entered: 04/14/1999)

EX PARTE MOTION filed UNDER SEAL by pltf Ronald Harries (w/attached affidavit) (jb) Modified on 06/17/1999 (Entered: 05/14/1999)

AFFIDAVITof Chris F. Armstrong in support of motion for order [480-1] filed UNDER SEAL (w/attachments) (jb) (Entered: 05/14/1999)

TRANSCRIPT filed of proceedings on 4/5/99 before the Hon. Senior Judge John T. Nixon; CR: Charlotte H. Barr (jb) (Entered: 06/07/1999)

ORDER (UNDER SEAL) by Judge John T. Nixon granting [480-1] (cc: Bill Redick, Peter Alliman) (EOD 6/16/99) (tlc) Modified on 06/17/1999 (Entered: 06/16/1999)

EX PARTE MOTION filed UNDER SEAL by guardian ad litem Bradley A. MacLean (w/att/d proposed order & exhs A-B) (jb) Modified on 06/17/1999 (Entered: 06/16/1999)

ORDER (UNDER SEAL) by Judge John T. Nixon granting [484-1] (cc: Bradley A. MacLean, Guardian Ad Litem) (jb) Modified on 06/17/1999 (Entered: 06/16/1999)

SECOND EXPARTE SEALED MOTION by pltf Ronald Harries for order for authorization of funds for support investigative services (w/attached affidavits) (jb) (Entered: 07/12/1999)

AFFIDAVIT filed UNDER SEAL of William P. Redick, Jr. in support of second exparte sealed motion for authorization of funds for support investigative services [486-1] (jb) (Entered: 07/12/1999)

AFFIDAVIT filed UNDER SEAL of Chris F. Armstrong in support of second ex parte sealed motion for authorization of funds for support investigative services [486-1] (w/attachment) (jb) (Entered: 07/12/1999)

ORDER UNDER SEAL by Judge John T. Nixon granting motion for order for authorization of funds for support investigative services [486-1] (cc: counsel for pltf Ronald Harries) (EOD 7/15/99) (jb) (Entered: 07/15/1999)

MOTION by pltf Ronald Harries for a status conference (jb) (Entered: 09/14/1999)

MOTION by Gruadian Ad Litem, Bradley A. MacLean to continue competency hearing & for status conference & to amend style of case (jb) (Entered: 09/15/1999)