Kenneth Eugene Smith v. Commissioner, Alabama Department of Corrections
| KENNETH EUGENE SMITH |
| COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS |
| 22-13781 |
| November 10, 2022 |
| U.S. Court of Appeals, Eleventh Circuit |
| Habeas Corpus: Death Penalty |
Opinions
We have the following opinions for this case:
| Description |
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| Kenneth Eugene Smith v. Commissioner, Alabama Department of Corrections. |
Docket Report
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This docket was last retrieved on December 22, 2022. A more recent docket listing may be available from PACER.
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Filing 41
Notice of Writ of Certiorari filed as to Appellee Commissioner, Alabama Department of Corrections. SC# 22-580. [Entered: 01/06/2023 12:48 PM]
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Filing 40
Order in the United States Supreme Court - 22A441 The application to vacate the stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is granted. The November 17, 2022 order of the United States Court of Appeals for the Eleventh Circuit is vacated.. [22-13846, 22-13781] [Entered: 12/02/2022 01:42 PM]
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Filing 39
Plaintiff-Appellant Kenneth Eugene Smith withdraws the emergency motion that was inadvertently filed under this case number on November 17; the motion has been filed under the correct case number filed by Attorney Ashley Brook Burkett for Appellant Kenneth Eugene Smith. [22-13781] (ECF: Ashley Burkett) [Entered: 11/17/2022 08:28 PM]
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Filing 38
**ENTERED IN ERROR** EMERGENCY MOTION to stay pending appeal filed by Kenneth Eugene Smith. Opposition to Motion is Unknown. [38] [22-13781]--[Edited 11/21/2022 by DLT] (ECF: Ashley Burkett) [Entered: 11/17/2022 07:18 PM]
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Filing 37
Mandate issued as to Appellant Kenneth Eugene Smith. [Entered: 11/17/2022 03:13 PM]
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Filing 36
ORDER: Pursuant to Fed. R. App. P. 41(b), the Court sua sponte EXPEDITES issuance of the mandate in this appeal. The Clerk is directed to issue the mandate forthwith. CRW, JP and BCG (See attached order for complete text) [Entered: 11/17/2022 03:07 PM]
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Filing 35
Judgment entered as to Appellant Kenneth Eugene Smith. [Entered: 11/17/2022 03:03 PM]
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Filing 34
Opinion issued by court as to Appellant Kenneth Eugene Smith. Decision: Reversed and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to stay execution pending appeal filed by Appellant Kenneth Eugene Smith is DENIED as moot. [ # 4 ]. The opinion is also available through the Court's Opinions page at this link # http://www.ca11.uscourts.gov/opinions . [Entered: 11/17/2022 02:58 PM]
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Filing 33
Oral argument held this date. Oral Argument presented by Robert Grass for Appellant Kenneth Eugene Smith and Thomas Alexander Wilson for Appellee Commissioner, Alabama Department of Corrections. [Entered: 11/16/2022 05:03 PM]
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Filing 32
Received 7 paper copies of E Reply Brief, filed by Appellant Kenneth Eugene Smith. [Entered: 11/15/2022 01:04 PM]
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Filing 31
Received 7 paper copies of EBrief, filed by Appellee Commissioner, Alabama Department of Corrections. [Entered: 11/15/2022 01:02 PM]
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Filing 30
Received paper copies of EAppendix filed by Appellant Kenneth Eugene Smith. 1 VOLUMES - 5 COPIES [Entered: 11/15/2022 01:02 PM]
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Filing 29
Received 7 paper copies of E Initial Brief, filed by Appellant Kenneth Eugene Smith. [Entered: 11/15/2022 01:00 PM]
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Filing 28
Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Thomas Alexander Wilson for Appellee Commissioner, Alabama Department of Corrections. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-13781] (ECF: Thomas Wilson) [Entered: 11/14/2022 01:36 PM]
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Filing 27
Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith hereby acknowledges receipt of a copy of the printed calendar for 11/16/2022. Robert M. Grass 212-836-8064 will present argument. [22-13781] (ECF: Andrew Johnson) [Entered: 11/14/2022 01:22 PM]
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Filing 26
Certificate of Interested Persons and Corporate Disclosure Statement filed by Kenneth Eugene Smith Attorney Ashley Brook Burkett for Appellant Kenneth Eugene Smith. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-13781] (ECF: Ashley Burkett) [Entered: 11/14/2022 12:45 PM]
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Filing 25
Received paper copies of EAppendix filed by Appellant Kenneth Eugene Smith. 1 VOLUMES - 2 COPIES [Entered: 11/14/2022 12:36 PM]
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Filing 24
Received 4 paper copies of E Initial Brief, filed by Appellant Kenneth Eugene Smith. [Entered: 11/14/2022 12:33 PM]
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Filing 23
ORDER: Motion for leave to file the reply brief and reply brief in support of motion to stay out of time filed by Appellant Kenneth Eugene Smith is GRANTED. [ # 16 ] CRW (See attached order for complete text) [Entered: 11/14/2022 11:39 AM]
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Filing 22
APPEARANCE of Counsel Form filed by Edmund G. LaCour Jr. for Commissioner, Alabama Department of Corrections [22-13781] (ECF: Edmund LaCour) [Entered: 11/14/2022 10:30 AM]
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Filing 21
APPEARANCE of Counsel Form filed by Thomas Alexander Wilson for Commissioner, Alabama Department of Corrections. [22-13781] (ECF: Thomas Wilson) [Entered: 11/14/2022 10:00 AM]
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Filing 20
Attorney Robert Grass for Appellant Kenneth Eugene Smith hereby acknowledges receipt of a copy of the printed calendar for 11/16/2022. Robert M. Grass, 212-836-8064 will present argument. [22-13781] (ECF: Robert Grass) [Entered: 11/14/2022 09:32 AM]
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Filing 19
Attorney Ashley Brook Burkett for Appellant Kenneth Eugene Smith hereby acknowledges receipt of a copy of the printed calendar for 11/16/2022. Robert M. Grass, 212-836-8064 will present argument. [22-13781] (ECF: Ashley Burkett) [Entered: 11/14/2022 09:22 AM]
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Filing 18
Attorney Thomas Alexander Wilson for Appellee Commissioner, Alabama Department of Corrections hereby acknowledges receipt of a copy of the printed calendar for 11/16/2022. Thomas A. Wilson, 334.242.7300 will present argument. [22-13781] (ECF: Thomas Wilson) [Entered: 11/14/2022 09:07 AM]
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Filing 17
APPEARANCE of Counsel Form filed by Robert Grass for Kenneth Eugene Smith. [22-13781] (ECF: Robert Grass) [Entered: 11/14/2022 08:54 AM]
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Filing 16
MOTION requesting acceptance of filings as timely following technical issues with ECF filed by Kenneth Eugene Smith. Motion is Unopposed. [16] [22-13781] (ECF: Ashley Burkett) [Entered: 11/13/2022 05:04 PM]
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Filing 15
APPEARANCE of Counsel Form filed by Andrew Burns Johnson for Kenneth Eugene Smith. [22-13781] (ECF: Andrew Johnson) [Entered: 11/13/2022 01:05 PM]
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Filing 14
Reply Brief filed by Appellant Kenneth Eugene Smith. [22-13781] (ECF: Ashley Burkett) [Entered: 11/13/2022 12:57 PM]
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Filing 13
Reply to response filed by Appellant Kenneth Eugene Smith. [22-13781] (ECF: Ashley Burkett) [Entered: 11/13/2022 12:55 PM]
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Filing 12
Appellee's Brief filed by Appellee Commissioner, Alabama Department of Corrections. [22-13781] (ECF: Richard Anderson) [Entered: 11/12/2022 05:01 PM]
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Filing 11
RESPONSE to to stay execution filed by Appellant Kenneth Eugene Smith [ # 4 ] filed by Attorney Richard Anderson for Appellee Commissioner, Alabama Department of Corrections. [22-13781] (ECF: Richard Anderson) [Entered: 11/12/2022 04:55 PM]
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Filing 6
APPEARANCE of Counsel Form filed by Ashley Burkett for Appellant Kenneth Eugene Smith [22-13781] (ECF: Ashley Burkett) [Entered: 11/11/2022 02:27 PM]
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Filing 5
Appendix filed [1 VOLUMES] by Appellant Kenneth Eugene Smith. [22-13781] (ECF: Andrew Johnson) [Entered: 11/11/2022 01:24 PM]
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Filing 4
EMERGENCY MOTION to Expedite ruling and Stay Execution filed by Kenneth Eugene Smith. Opposition to Motion is Unknown. [4] [22-13781]**--[Edited 11/12/2022 by DLT to include Stay of Execution] (ECF: Andrew Johnson) [Entered: 11/11/2022 01:21 PM]
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Filing 3
Appellant's brief filed by Kenneth Eugene Smith. [22-13781] (ECF: Andrew Johnson) [Entered: 11/11/2022 01:17 PM]
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Filing 10
Calendar issued as to this case to be orally argued on 11/16/2022 at 2:30 p.m. Eastern in Atlanta, Georgia. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [Entered: 11/12/2022 02:40 PM]
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Filing 9
Oral argument scheduled. Argument Date: Wednesday, 11/16/2022, at 2:30 p.m. Eastern Time Argument Location: Atlanta Courtroom: Atlanta 339. [Entered: 11/12/2022 02:37 PM]
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Filing 8
ORDER: The Court will hear oral argument in this case on Wednesday November 16, 2022 at 2:30 pm in Atlanta, Georgia..ENTERED FOR THE COURT - BY DIRECTION (See attached order for complete text) --[Edited 11/11/2022 by JRP] [Entered: 11/11/2022 08:21 PM]
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Filing 7
ORDER: Motion to expedite ruling on a motion filed by Appellant Kenneth Eugene Smith is GRANTED. Motion to stay execution is TAKEN UNDER ADVISEMENT [ # 4 ]. ENTERED FOR THE COURT - BY DIRECTION (See attached order for complete text) [Entered: 11/11/2022 08:07 PM]
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APPEARANCE of Counsel Form filed by Richard Anderson for Commissioner, Alabama Department of Corrections. [22-13781] (ECF: Richard Anderson) [Entered: 11/10/2022 05:55 PM]
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DEATH PENALTY APPEAL DOCKETED. Notice of appeal filed by Andrew Burns Johnson and Robert Grass for Appellant Kenneth Eugene Smith on 11/10/2022. Appellant brief due 40 days from Fee Status: Fee Paid. [Entered: 11/10/2022 11:11 AM]
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