Case: Reid v. Johnson

U.S. Court of Appeals for the Fourth Circuit

MOTION by James Edward Reid to Proceed in Forma Pauperis (scoo) (Entered: 12/16/2003)

COMPLAINT (Iminent execution Dec. 18, 2003) (scoo) (Entered: 12/16/2003)

MOTION by James Edward Reid to Stay execution (scoo) (Entered: 12/16/2003)

MOTION by William Page True, Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (scoo) Modified on 08/20/2004 (Entered: 12/16/2003)

MEMORANDUM by Gene M. Johnson, George M. Hinkle, William Page Page Jr. in support of [5-1] motion by William Page Page Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (scoo) (Entered: 12/16/2003)

**Death Penalty Case** (scoo) (Entered: 12/16/2003)

RESPONSE by James Edward Reid to [5-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (scoo) Modified on 08/20/2004 (Entered: 12/16/2003)

MEMORANDUM OPINION ( signed by Judge James R. Spencer ) Copies Mailed: y and faxed (scoo) (Entered: 12/16/2003)

ORDER that this action is dismissed, and denying [3-1] motion by James Edward Reid to Stay execution, denying [1-1] motion by James Edward Reid to Proceed in Forma Pauperis ( signed by Judge James R. Spencer ) Copies Mailed: yes and fax [EOD Date: 12/16/03] (scoo) (Entered: 12/16/2003)

Case closed (scoo) (Entered: 12/16/2003)

NOTICE OF APPEAL OF [9-1] order by James Edward Reid .(TPO pkg mailed to pltf and no fee paid) (scoo) (Entered: 12/16/2003)

Copy of Notice of Appeal, Final Order and certified copy of docket sheet to USCA: [10-1] appeal by James Edward Reid (sbar) (Entered: 12/16/2003)

Payment of Notice of Appeal Filing Fee Appeal Fee $ 255.00 RECEIPT # 71275 (scoo) (Entered: 12/17/2003)

USCA Case Number Re: [10-1] appeal by James Edward Reid CASE MANAGER: Beth Walton USCA NUMBER: 03-7916 (scoo) (Entered: 12/22/2003)

USCA Order that the Court grants the motion for leave to proceed IFP, grants the motion for preliminary injuction to stay execution and places this case in abeyance pending the decision of U.S. Supreme Court Nelson v. Campbell (scoo) (Entered: 12/22/2003)

Copy of Opinion of USCA re: [10-1] appeal by James Edward Reid Decided August 2, 2004 Reversed and Remanded the District Court decision by unpublished per curiam opinion; attached copy of judgment will not take effect until issuance of the mandate. (thom) (Entered: 08/04/2004)

JUDGMENT OF USCA (certified copy) with copy of opinion of USCA reverses the judgment of the District Court re: [10-1] appeal; this case is remanded to the District Court for further proceedings consistent with the Court's opinion; the judgment will take effect upon issuance of the mandate; (thom) Modified on 08/20/2004 (Entered: 08/20/2004)

Jury Trial Flag (thom) (Entered: 08/20/2004)

Emergency MOTION by James Edward Reid for Initial Scheduling Conference (thom) (Entered: 08/20/2004)

Supplemental RESPONSE in Opposition by James Edward Reid to [5-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (thom) (Entered: 08/20/2004)

Plaintiff's First Interrogatories and First Request for Production of Documents RECEIVED ONLY and placed on left; (thom) (Entered: 08/20/2004)

Case reopened (thom) (Entered: 08/20/2004)

**Death Penalty Case** (thom) (Entered: 08/20/2004)

Minute entry: IN OPEN COURT: Hudson, J.; Blalock, OCR. Appearances: parties by counsel. Matter came on for status hearing/conference to set briefing schedule and hearing date. Case to proceed on amended complaint. Discovery issues heard; resolved. Responses to temporary injunction due 8/27/04. Hearing on TRO/PI set for 1:00 p.m. on 9/1/04. Defendant's motion to transfer case; denied. Plaintiff's motion to proceed IFP; granted. Case continued to 1:00 p.m. 9/1/04. (:45) (rpiz) (Entered: 08/23/2004)

Hearing Deadline set 1:00 p.m. 9/1/04 before Judge Henry E. Hudson (plaintiff's motion for TRO/PI) (rpiz) (Entered: 08/23/2004)

ORDER for the reasons set forth on the record, plaintiff's Motion to Proceed In Forma Pauperis is HEREBY GRANTED and Defendants' Motion to Transfer is HEREBY DENIED; granting in part, denying in part [15-1] motion by James Edward Reid for Initial Scheduling Conference; it is hereby ORDERED that to the extent possible, discovery be served upon plaintiff's counsel by close of business on Wednesday, 8/25/04; it is further ORDERED that all memoranda of law addressing the issuance of a temporary injunction be submitted to the Court on Friday, 8/27/04; this case is continued until Wednesday, 9/1/04 at 1:00 p.m. for a hearing regarding a preliminary injunction; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/24/04] (thom) Modified on 08/26/2004 (Entered: 08/24/2004)

Defts' Interrogatories and Request for Production of Documents to Plaintiff (rec'd and placed on left) (thom) (Entered: 08/25/2004)

MOTION by William Page True Jr., George M. Hinkle, Gene M. Johnson for Protective Order (w/sketch Consented Protective Order rec'd and presented) (w/SEALED Package 1 and Package 2 In Camera Review) (held pending ruling by Court) (thom) (Entered: 08/26/2004)

Minute entry: CONFERENCE CALL: Hudson, J.; Blalock, OCR. Appearances: parties by counsel. Matter came on for conference call on discovery issues relating to proposed protective order. Argument heard. Issues resolved by Court; defendants to submit amended protective order for entry by court. Plaintff's motion for leave to file additional documents after Court-imposed deadline; plaintiff to submit documents and Court to rule at that time. Defendants' request for interrogatories and production of documents; argument heard; request granted. Matter continued to 1:00 p.m. 9/1/04 for hearing on plaintiff's motion for TRO/PI. (:45) (rpiz) (Entered: 08/26/2004)

TRANSCRIPT for date of August 23, 2004 hearing before the Honorable Henry E.Hudson (placed in brown expandable) (thom) (Entered: 08/26/2004)

**Set Protective Order Flag. (thom) (Entered: 08/26/2004)

ORDER that for reasons stated on the record, plaintiff's and defts' cross-motions for discovery re: defts' Interrogatories and Requests for Production of Documents filed on 8/25/04 are HEREBY GRANTED, and both plaintiff and defts are HEREBY ORDERED to respond by 4:00 p.m. on 8/26/04; both plaintiff and defts are further ORDERED to supplement such responses by 8/30/04 at 1:00 p.m.; defts' Motion for Discovery with respect to Interrog. #1 and Interrog. #14 of Plaintiff's First Set of Interrogatories filed on 8/20/04 is HEREBY GRANTED in part and HEREBY DENIED in part, for reasons more specifically set forth on record; for reasons stated on record, granting [19-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson for Protective Order and Confidentiality Agreement; defts are ORDERED to file an amended Protective ORder and Confidentiality Agreement with the Court in such time as reasonably possible; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/26/04] (thom) (Entered: 08/26/2004)

Protective Order (See Order for Details); ( signed by Judge Henry E. Hudson ) Copies Mailed y and facsimile (thom) (Entered: 08/26/2004)

ORDER that it appearing to the Court that the considerations of safety and public interest warrant the sealing of certain documents; it is HEREBY ORDERED documents entitled redacted "Division Operating Procedure 426" and complete "Division Operating PRocedure 426" submitted to Court on 8/26/04 for in camera review, are HEREBY ORDERED to be filed UNDER SEAL; it is further ORDERED that the amended redacted version of "Division Operating Procedure 426" submitted to Court on 8/26/04 is to be filed UNDER SEAL; the Clerk is directed to SEAL these documents and they SHALL REMAIN SEALED unless and until ordered by this Court; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/26/04] (thom) (Entered: 08/26/2004)

MOTION by James Edward Reid for Gary Patrick Clements to appear pro hac vice Filing Fee Paid $ Receipt # (thom) (Entered: 08/26/2004)

MOTION by James Edward Reid for Mark Evan Olive to appear pro hac vice Filing Fee Paid $ Receipt # (thom) (Entered: 08/26/2004)

So Ordered: granting [26-1] motion by James Edward Reid for Mark Evan Olive to appear pro hac vice Filing Fee Waived; granting [25-1] motion by James Edward Reid for Gary Patrick Clements to appear pro hac vice Filing Fee Waived; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile (thom) (Entered: 08/27/2004)

Hearing Deadline set 2:00 8/30/04 before Judge Henry E. Hudson (video teleconference) (rpiz) (Entered: 08/27/2004)

AMENDED ORDER it appearing to the Court that the considerations of safety and public interest warrant the sealing of certain documents produced by the Commonwealth of VA in this case, documents entitled redacted "Division Operating Procedure 426" and the complete "Division Operating Procedure 426" submitted to the Court on 8/26/04 for in camera review, are HEREBY ORDERED to be filed for IN CAMERA REVIEW ONLY; it is further ORDERED that the amended redacted version of "Division Operating Procedure 426" submitted on 8/26/04 is to be filed for IN CAMERA REVIEW ONLY; the Clerk is directed to file these documents for IN CAMERA REVIEW ONLY until further ordered by this Court; (signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/27/04] (thom) (Entered: 08/27/2004)

ORDER that it appearing to the Court that this case is time sensitive and complex, and it appearing just and proper to do so, it is hereby ORDERED that Dr. Mark Dershwitz be available on Monday, 8/30/04 at 2:00 p.m. at a predetermined location, to give his expert testimony in the above case; it is FURTHER ORDERED that counsel for the parties will be present in Court for the video-conference; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/27/04] (thom) (Entered: 08/27/2004)

MOTION (First Request) by James Edward Reid for issuance of subpoenas (thom) (Entered: 08/27/2004)

Amended MOTION by James Edward Reid for Preliminary Injunction (thom) (Entered: 08/27/2004)

MEMORANDUM in support of [31-1] Amended motion by James Edward Reid for Preliminary Injunction (FILED UNDER SEAL) (thom) (Entered: 08/27/2004)

Plaintiff's Initial Response to Deft's Interrogatories and Request for PRoduction of Documents RECEIVED only and placed on left. (thom) (Entered: 08/27/2004)

RESPONSE in opposition by Gene M. Johnson, George M. Hinkle, William Page True Jr. to [31-1] motion by James Edward Reid for Preliminary Injunction (thom) (Entered: 08/30/2004)

Motion hearing re: [31-1] motion by James Edward Reid for Preliminary Injunction set at 1:00 9/1/04 before Judge Henry E. Hudson (rpiz) (Entered: 08/30/2004)

Plaintiff's Second Interrogatories to Defendants (RECEIVED ONLY and PLACED UNDER SEAL) (thom) (Entered: 08/30/2004)

TRANSCRIPT for date of 8/26/04 hearing before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 08/30/2004)

Plaintiff's Supplemental Response to Deft's Interrogatories and Request for Production of Documents (RECEIVED ONLY and PLACED UNDER SEAL) (thom) (Entered: 08/30/2004)

Minute entry: IN OPEN COURT: Hudson, J.; Krista Liscio, Court Reporter. Appearances: parties by counsel. Matter came on for hearing on plaintiff's motion for preliminary injunction - dfts' expert testimony only. Dfts' adduced evidence; rested. Dfts' objections to plaintiff's proposed witness list; ruled on by Court. Matter continued to 1:00 p.m. 9/1/04 for further evidence and argument on motion for preliminary injunction. (2:35) (rpiz) (Entered: 08/31/2004)

MOTION by James Edward Reid for Leave to File Response [to Respond] to Defts' Opposition to Preliminary Injunction (Plaintiff's Response to Defendants' Opposition to Preliminary Injunction Received and placed on left) (cmcc) (Entered: 08/31/2004)

REPLY by James Edward Reid to response to [31-1] motion for Preliminary Injunction by James Edward Reid (thom) (Entered: 09/03/2004)

TRANSCRIPT for date of August 30, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 09/01/2004)

Minute entry: CONFERENCE CALL: Hudson, J.; Krista Liscio, Court Reporter. Appearances: parties by counsel. Matter came on for conference call on defendants' objections to plaintiff's second set of interrogatories and request for production of documents. Argument heard. Objections ruled on by Court. Dft informed Court that witness Parker is not available to appear at preliminary injunction hearing; Court ruled that substitute may appear, defendants to notify plaintiff ASAP of name of witness. Matter continued to 1:00 p.m. 9/1/04 for preliminary injunction hearing. (:15) (rpiz) (Entered: 09/01/2004)

Minute entry: IN OPEN COURT: Hudson, J.; Krista Liscio, Court Reporter. Appearances: parties by counsel. Matter came on for hearing on plaintiff's motion for preliminary injunction, continued from 8/30/04. Plaintiff adduced evidence. Hearing adjourned for the day, to commence at unknown time on 9/2/04, for continuation of plaintiff's evidence (telephone examination of Gene Johnson). Plaintiff's motion for leave to file reply to defendant's response in opposition to motion for PI; granted. (4:20) (Exhibits placed in brown expandable folder.) (rpiz) Modified on 09/02/2004 (Entered: 09/01/2004)

Minute entry: IN OPEN COURT: Hudson, J.; Val Schmit, Chandler & Halasz, Court Reporter. Appearances: parties by counsel (plaintiff's attorney via telephone). Matter came on for continuation of hearing on plaintiff's motion for preliminary injunction. Plaintiff's evidence continued. Hearing adjourned for the day, to commence at 1:30 p.m. on 9/3/04 for further evidence, specifically the telephone examination of Anthony Parker. (:20) (rpiz) (Entered: 09/02/2004)

Motion hearing re: [31-1] motion by James Edward Reid for Preliminary Injunction set at 1:30 9/3/04 before Judge Henry E. Hudson (hearing continued from 9/2/04) (rpiz) (Entered: 09/02/2004)

TRANSCRIPT for date of August 30, 2004 before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 09/03/2004)

TRANSCRIPT for date of September 1, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable file) (thom) (Entered: 09/03/2004)

Minute entry: IN OPEN COURT: Hudson, J.; Donna Chandler, Chandler & Halasz, court reporter. Appearances: parties by counsel. Matter came on for continuation of hearing on plaintiff's motion for preliminary injunction (continued from 9/2/04). Plaintiff's evidence continued. Plaintiff rested. Opinion and order to enter. (:35) (rpiz) (Entered: 09/03/2004)

Motion hearing held re: [31-1] motion by James Edward Reid for Preliminary Injunction (rpiz) (Entered: 09/03/2004)

MEMORANDUM OPINION ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile (thom) (Entered: 09/03/2004)

ORDER denying [31-1] motion by James Edward Reid for Preliminary Injunction ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 9/3/04] (thom) (Entered: 09/03/2004)

NOTICE OF APPEAL OF [47-1] order by James Edward Reid. FILING FEE not paid; (thom) (Entered: 09/07/2004)

Copy of Notice of Appeal, Final Order and docket sheet to USCA: [48-1] appeal by James Edward Reid (sbar) (Entered: 09/07/2004)

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [48-1] appeal by James Edward Reid, Vol 1 (pleadings 1-48), Vols 2 - 6 (Transcripts), Vols 7, Exhibits, Vols 8 -9 (Sealed pleadings) (sbar) (Entered: 09/07/2004)

USCA Case Number Re: [48-1] appeal by James Edward Reid CASE MANAGER: Beth Walton USCA NUMBER: 04-25 (sbar) (Entered: 09/07/2004)

TRANSCRIPT for date of September 3, 2004 hearing before the Honorable Henry Hudson (placed in brown expandable) (thom) (Entered: 09/08/2004)

TRANSCRIPT for date of September 2, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable file) (thom) (Entered: 09/08/2004)

Transmitted Supplemental Record on Appeal: [48-1] appeal by James Edward Reid, Supplemental #1, Vol 10 (Transcript 9/3/04), Vol 11 (Transcript 9/2/04) (sbar) Modified on 09/08/2004 (Entered: 09/08/2004)

USCA Order that the Court grants the motion for leave to file an oversize brief and the motion to seal; the Court denies the request for pelimianry injunction; the Court affirms the denial of preliminary injunctive relief by the Court; the mandate shall issue forthwith; Entered at direction of Chief Judge Wilkins withe concerrence of Judge Shedd; Judge Gregory would grant request for preliminary injunction and would reverse the District Court; (thom) (Entered: 09/09/2004)

JUDGMENT OF USCA (certified copy) with copy of opinion of USCA affirms the judgment of the District Court re: [48-1] appeal; (thom) (Entered: 09/09/2004)

Record on Appeal returned from U.S. Court of Appeals: (one volume of pleadings, seven transcripts, one set of exhibits, two sealed pleadings and three in camera review documents) (thom) (Entered: 09/09/2004)

TRANSCRIPT for date of September 1, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 09/10/2004)

MOTION by William Page True Jr., George M. Hinkle, Gene M. Johnson to Dismiss (thom) (Entered: 09/22/2004)

RESPONSE by James Edward Reid to [54-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Dismiss (thom) (Entered: 09/30/2004)

Plaintiff's Memorandum in Support of Amended Motion for Preliminary Injunction (REDACTED VERSION of Dkt. #32 filed 8/27/04) RECEIVED ONLY and placed in brown expandable file. (thom) (Entered: 09/30/2004)

MEMORANDUM OPINION ( signed by Judge Henry E. Hudson ) Copies Mailed: yes (thom) (Entered: 10/22/2004)

FINAL ORDER that the [54-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Dismiss is moot ( signed by Judge Henry E. Hudson ) Copies Mailed: yes [EOD Date: 10/22/04] (thom) (Entered: 10/22/2004)

Case closed (thom) (Entered: 10/25/2004)