Kemp v. Hobbs

Plaintiff: Timothy Wayne Kemp
Defendant: Ray Hobbs
Case Number: 5:2003cv00055
Filed: February 14, 2003
Court: Arkansas Eastern District Court
Office: Pine Bluff Office
County: Jefferson
Presiding Judge: D. P. Marshall
Nature of Suit: Death Penalty
Cause of Action: 28:2254
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
November 30, 2015 154 Opinion or Order of the Court ORDER denying 152 Motion to Expand the Certificate of Appealability. Signed by Judge D. P. Marshall Jr. on 11/30/2015. (jak)
October 6, 2015 151 Opinion or Order of the Court JUDGMENT: Kemp's second amended petition for a writ of habeas corpus is dismissed with prejudice. The Court has issued a certificate of appealability on three issues. Signed by Judge D. P. Marshall Jr. on 10/6/2015. (jak)
April 16, 2015 138 Opinion or Order of the Court ORDER directing the Arkansas Department of Correction to ensure the attendance of Petitioner Timothy Wayne Kemp (ADC# 000934) Varner Super Max Unit, at 8:00 a.m. on 6 May - so he has time to meet with his lawyers before the hearing. Signed by Judge D. P. Marshall Jr. on 4/16/2015. (jak)
April 13, 2015 134 Opinion or Order of the Court ORDER: Pursuant to General Order 54, the Court authorizes Paul Connor, Natalie Novick Brown, Richard Adler, George Woods, and Sean O'Brien to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock the week of 13 April 2015 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 4/13/2015. (jak)
March 31, 2015 133 Opinion or Order of the Court ORDER: The Court directs the Arkansas Department of Correction to ensure the attendance of petitioner Timothy Wayne Kemp (ADC #000934) to the Evidentiary Hearing on Monday, April 13, 2015, at 9:00 a.m. so he has time to meet with his lawyers before the hearing. The ADC shall send with Kemp his complete institutional and medical files. And the ADC shall bring Kemp to Court each morning thereafter by 8:00 a.m. until the hearing is concluded. Signed by Judge D. P. Marshall Jr. on 3/31/2015. (jak)
March 17, 2015 132 Opinion or Order of the Court ORDER: The Court will reconvene the evidentiary hearing on April 13, 14, and 15. We'll start at 8:30 a.m. each day. If any remaining witness cannot participate in person, or remotely, then his or her testimony should be taken by video deposition in the next few weeks. The Court directs petitioner's counsel to work with the Court's IT department now to schedule and arrange any remote testimony in April. Signed by Judge D. P. Marshall Jr. on 3/17/2015. (jak)
March 2, 2015 127 Opinion or Order of the Court ORDER pursuant to General Order 54, the Court authorizes Paul Connor, Natalie Novick Brown, Richard Adler, George Woods, and Sean O'Brien to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse on 2 December 2015 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 3/2/2015. (jak)
September 30, 2014 113 Opinion or Order of the Court ORDER denying 111 Motion for Reconsideration. The 110 Joint Motion is reluctantly granted. If any witness (including an expert) cannot attend the hearing, then his or her testimony should be taken by video deposition. Kemp must disclose all expe rts and their opinions by 21 November 2014. Hobbs must disclose all experts and their opinions by 9 January 2015. Pre-hearing disclosures of all witnesses and exhibits by 9 February 2015. Evidentiary hearing scheduled for 2 March 2015. The Court will not modify the schedule again absent truly extraordinary circumstances. Signed by Judge D. P. Marshall Jr. on 9/30/2014. (jak)
August 14, 2014 107 Opinion or Order of the Court ORDER denying without prejudice 87 Motion for Partial Summary Judgment. 82 Motion for an evidentiary hearing on cause is granted in part and mostly denied. The embedded motion for a merits hearing is denied. The Court will hold an evidentiary hearing on Kemp's allegations of mental illness, organic brain damage, and childhood trauma. Signed by Judge D. P. Marshall Jr. on 8/14/2014. (jak)
March 17, 2014 101 Opinion or Order of the Court ORDER granting 75 Motion for Reconsideration. The aspects of the Court's 68 Order that state that ineffective assistance of postconviction counsel can never excuse procedural default are vacated. Claims I.H, VII, VIII, XIII, XIV, XV, and XVI1, which the Court decided on the merits, remain denied. Signed by Judge D. P. Marshall Jr. on 3/17/2014. (jak)
June 28, 2012 68 Opinion or Order of the Court ORDER denies relief on the merits on Claims I.H, VII, VIII, XIII, XIV, XV, and XVI of Kemp's amended petition and dismisses those claims. The Court rejects Kemp's three common arguments-from his successive Rule 37 petition, from his coram nobis petition, and from ineffective assistance of counsel-for excusing his procedural defaults on his various remaining claims. Signed by Judge D. P. Marshall Jr. on 6/28/12. (kpr)
January 18, 2012 61 Opinion or Order of the Court ORDER vacating the Scheduling Order and denying the 60 Motion for Discovery without prejudice. An Amended Order will issue soon. Signed by Judge D. P. Marshall Jr. on 1/18/12. (kpr)

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Plaintiff: Timothy Wayne Kemp
Represented By: Scott W. Braden
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Defendant: Ray Hobbs
Represented By: David Robert Raupp
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