Kenneth Eugene Smith v. Commissioner, Alabama Department of Corrections, et al
| KENNETH EUGENE SMITH |
| COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS and HOLMAN CF WARDEN |
| 24-10095 |
| January 10, 2024 |
| 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, et al |
Docket Report
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This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.
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Filing 62
Mandate issued as to Appellant Kenneth Eugene Smith. [Entered: 02/02/2024 07:39 AM]
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Filing 61
Writ of Certiorari filed as to Appellant Kenneth Eugene Smith is DENIED. SC# 23-6562. [Entered: 01/26/2024 11:20 AM]
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Filing 60
Notice of Writ of Certiorari filed as to Appellant Kenneth Eugene Smith. SC# 23-6562. [Entered: 01/26/2024 10:44 AM]
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Filing 59
Judgment entered as to Appellant Kenneth Eugene Smith. [Entered: 01/24/2024 07:16 PM]
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Filing 58
Opinion issued by court as to Appellant Kenneth Eugene Smith. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to stay execution filed by Appellant Kenneth Eugene Smith is DENIED. [ # 55 ]; [ # 15 ]. The opinion is also available through the Court's Opinions page at this link # http://www.ca11.uscourts.gov/opinions . [Entered: 01/24/2024 07:09 PM]
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Filing 57
Supplemental Authority filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095] (ECF: Edmund LaCour) [Entered: 01/24/2024 05:20 PM]
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Filing 56
RESPONSE to Motion to stay execution filed by Appellant Kenneth Eugene Smith [ # 55 ] filed by Attorney Edmund Gerard LaCour, Jr. for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095] (ECF: Edmund LaCour) [Entered: 01/24/2024 04:29 PM]
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Filing 55
EMERGENCY MOTION to stay execution filed by Kenneth Eugene Smith. Opposition to Motion is Unknown. [55] [24-10095] (ECF: Andrew Johnson) [Entered: 01/24/2024 01:50 PM]
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Filing 54
Fed. R. App. P. 12.1(b) Notice regarding district court decision on remand filed by Attorney Edmund Gerard LaCour, Jr. for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095] (ECF: Edmund LaCour) [Entered: 01/24/2024 11:45 AM]
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Filing 53
USDC Order on Limited Remand as to Appellant Kenneth Eugene Smith filed on 01/24/2024. Docket Entry 88. [Entered: 01/24/2024 10:28 AM]
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Filing 52
**SEALED**RESPONSE to Motion to supplement the record filed by Appellant Kenneth Eugene Smith [47] filed by Attorney Edmund Gerard LaCour, Jr. for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095] (ECF: Edmund LaCour).(No PDF attached) [Entered: 01/24/2024 08:44 AM]
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Filing 51
ORDER: Motion to seal documents filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden is GRANTED. [ # 49 ]; Motion to supplement the record filed by Appellant Kenneth Eugene Smith is DENIED as Moot in light of the remand. Thus, we grant Smiths motion for limited remand to the district court for the limited purpose to entertain Smiths motion to supplement the record. [ # 47 ].. CRW, JP and BCG (See attached order for complete text) --[Edited 01/23/2024 by JLT correcting date on order] [Entered: 01/23/2024 03:33 PM]
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Filing 49
MOTION to seal filed by Commissioner, Alabama Department of Corrections and Holman CF Warden. Opposition to Motion is Unknown. [49] [24-10095] (ECF: Edmund LaCour) [Entered: 01/23/2024 12:07 PM]
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Filing 48
**REDACTED**RESPONSE to Motion to supplement the record filed by Appellant Kenneth Eugene Smith [ # 47 ] filed by Attorney Edmund Gerard LaCour, Jr. for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095]--[Edited 01/24/2024 by DLT] (ECF: Edmund LaCour) [Entered: 01/23/2024 11:58 AM]
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Filing 47
EMERGENCY MOTION to supplement the record filed by Kenneth Eugene Smith. Opposition to Motion is Unknown. [47] [24-10095] (ECF: Andrew Johnson) [Entered: 01/23/2024 10:15 AM]
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Filing 50
Received 4 paper copies of SEALED EBrief, filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [Entered: 01/23/2024 02:02 PM]
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Filing 45
Received paper copies of E Supplemental Appendix filed by Appellee Commissioner, Alabama Department of Corrections. 4 VOLUMES - 2 COPIES. **2 COPIES of Sealed Volumes 3 and 4 of Supplemental Appendix.** [Entered: 01/22/2024 04:01 PM]
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Filing 42
ORDER: On January 19, 2024, Plaintiff-Appellant Kenneth Eugene Smith filed a Notice of Supplemental Evidentiary Submission. After review, we construe this is a motion to supplement the record, and as such that motion is DENIED WITHOUT PREJUDICE. See Dickerson v. State of Ala., 667 F.2d 1364, 1367 (11th Cir. 1982) (While federal appellate courts do not often supplement the record on appeal with evidence not reviewed by the court below, it is clear that the authority to do so exists.). We would permit Smith to refile his motion after he first seeks relief in the district court. [ # 41 ] CRW, JP, and BCG [Entered: 01/20/2024 02:11 PM]
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Filing 46
Received 5 paper copies of **SEALED** E Reply Brief, filed by Appellant Kenneth Eugene Smith. [Entered: 01/23/2024 07:52 AM]
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Filing 44
Received paper copies of E "Sealed" Appendix filed by Appellant Kenneth Eugene Smith. 1 VOLUMES - 5 COPIES [Entered: 01/22/2024 03:59 PM]
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Filing 43
Received 5 paper copies of E Initial "Sealed" Brief, filed by Appellant Kenneth Eugene Smith. [Entered: 01/22/2024 03:53 PM]
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Filing 41
Regarding Filing Notice of Filing Evidentiary Submission in District Court filed by Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith.[41] [24-10095] (ECF: Andrew Johnson) [Entered: 01/19/2024 07:46 PM]
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Filing 40
Oral argument held via Teleconference this date. Oral Argument presented by Robert Grass for Appellant Kenneth Eugene Smith and Edmund Gerard LaCour, Jr. for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [Entered: 01/19/2024 05:40 PM]
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Filing 39
**SEALED**Reply Brief filed by Appellant Kenneth Eugene Smith. Service 01/19/2024 email - Attorney for Appellees: Anderson, Hughes, Johnson, Kenny, LaCour, Mauldin, Overing;(No PDF attached). [Entered: 01/19/2024 08:03 AM]
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Filing 38
ORDER: Motion for leave to file unredacted versions of the reply brief under seal filed by Appellant Kenneth Eugene Smith is GRANTED. [ # 37 ] ENTERED FOR THE COURT - BY DIRECTION. (See attached order for complete text) [Entered: 01/19/2024 07:39 AM]
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Filing 37
MOTION to seal filed by Kenneth Eugene Smith. Opposition to Motion is Unknown. [37] [24-10095] (ECF: Andrew Johnson) [Entered: 01/18/2024 06:14 PM]
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Filing 36
**REDACTED**Reply Brief filed by Appellant Kenneth Eugene Smith. [24-10095]--[Edited 01/19/2024 by DLT] (ECF: Andrew Johnson) [Entered: 01/18/2024 04:55 PM]
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Filing 35
Reply in Support of Motion for Stay of Execution filed by Appellant Kenneth Eugene Smith. [24-10095]--[Edited 01/18/2024 by DLT] (ECF: Andrew Johnson) [Entered: 01/18/2024 04:42 PM]
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Filing 34
APPEARANCE of Counsel Form filed by Dylan L. Mauldin for John Q. Hamm and Terry Raybon Related cases? No. [24-10095] (ECF: Dylan Mauldin) [Entered: 01/18/2024 04:12 PM]
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Filing 33
**SEALED**Supplemental Appendix [4 VOLUMES - 2 sets] filed by Edmund Gerard LaCour, Jr. and Robert Overing for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. Service date: 01/17/2024 email - Attorney for Appellants: Burkett, Grass, Johnson; Attorney for Appellees: Anderson, Hughes, Johnson, Kenny, LaCour, Overing; . [Entered: 01/18/2024 07:55 AM]
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Filing 32
ORDER: Motion for leave to file unredacted version of the supplemental appendix under seal filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden is GRANTED. [ # 30 ] ENTERED FOR THE COURT - BY DIRECTION. (See attached order for complete text) [Entered: 01/17/2024 06:31 PM]
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Filing 31
**REDACTED**Supplemental Appendix [4 VOLUMES] filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095]--[Edited 01/18/2024 by DLT] (ECF: Robert Overing) [Entered: 01/17/2024 05:50 PM]
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Filing 30
TIME SENSITIVE MOTION to seal filed by Commissioner, Alabama Department of Corrections and Holman CF Warden. Opposition to Motion is Unknown. [30] [24-10095] (ECF: Edmund LaCour) [Entered: 01/17/2024 05:18 PM]
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Filing 29
RESPONSE to Motion to stay execution filed by Appellant Kenneth Eugene Smith [ # 15 ] filed by Attorney Edmund Gerard LaCour, Jr. for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095] (ECF: Edmund LaCour) [Entered: 01/17/2024 04:59 PM]
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Filing 28
Appellee's Brief filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. [24-10095] (ECF: Edmund LaCour) [Entered: 01/17/2024 04:55 PM]
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Filing 27
TRANSCRIPT INFORMATION form filed by Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith. All necessary transcript(s) are on file. [Entered: 01/17/2024 02:20 PM]
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Filing 26
Attorney Ashley Brook Burkett for Appellant Kenneth Eugene Smith hereby acknowledges receipt of a copy of the printed calendar for 01/19/2024. Robert Grass 212-836-8064 will present argument. [24-10095] (ECF: Ashley Burkett) [Entered: 01/16/2024 03:07 PM]
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Filing 25
Attorney Robert Grass for Appellant Kenneth Eugene Smith hereby acknowledges receipt of a copy of the printed calendar for 01/19/2024. Robert Grass 212-836-8064 will present argument. [24-10095] (ECF: Robert Grass) [Entered: 01/16/2024 03:00 PM]
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Filing 24
Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith hereby acknowledges receipt of a copy of the printed calendar for 01/19/2024. Robert Grass: 212-836-8064 will present argument. [24-10095] (ECF: Andrew Johnson) [Entered: 01/16/2024 02:41 PM]
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Filing 23
Attorney Edmund Gerard LaCour, Jr. for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden hereby acknowledges receipt of a copy of the printed calendar for 01/19/2024. Edmund LaCour - 334-242-7300 will present argument. [24-10095] (ECF: Edmund LaCour) [Entered: 01/16/2024 01:00 PM]
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Filing 22
Calendar issued as to this case to be orally argued telephonically on Friday, January 19, 2024, at 3:30 p.m. Eastern Time. 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: 01/16/2024 11:51 AM]
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Filing 21
Telephonic Oral Argument Scheduled. Argument Date: Friday, 01/19/2024, at 3:30 p.m. Eastern Time. [Entered: 01/16/2024 11:46 AM]
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Filing 20
**SEALED**Appendix filed [1 VOLUMES] by Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith. Service date: 01/16/2024 email - Attorney for Appellants: Burkett, Grass, Johnson; Attorney for Appellees: Anderson, Hughes, Johnson, Kenny, LaCour, Overing; US mail - Attorney for Appellants: Ciliberti, Horowitz, Kerschner; Attorney for Appellees: Hensley, Shelton.(No PDF attached) [Entered: 01/16/2024 10:29 AM]
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Filing 19
**SEALED**Appellant's brief filed by Kenneth Eugene Smith. Service date: 01/16/2024 [24-10095] Attorney for Appellee: Anderson - email; Attorney for Appellee: Hensley - US mail; Attorney for Appellee: Hughes - email; Attorney for Appellee: Johnson - email; Attorney for Appellee: Kenny - email; Attorney for Appellee: LaCour - email; Attorney for Appellee: Overing - email; Attorney for Appellee: Shelton - US mail.(No PDF attached) [Entered: 01/16/2024 10:27 AM]
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Filing 18
ORDER: Motion for leave to file unredacted versions of the opening brief and appendix under seal filed by Appellant Kenneth Eugene Smith is GRANTED. [ # 14 ] ENTERED FOR THE COURT - BY DIRECTION. (See attached order for complete text) [Entered: 01/16/2024 10:04 AM]
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Filing 17
**REDACTED**Appendix filed [1 VOLUMES] by Appellant Kenneth Eugene Smith. [24-10095]--[Edited 01/16/2024 by DLT] (ECF: Andrew Johnson) [Entered: 01/15/2024 04:23 PM]
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Filing 16
**REDACTED**Appellant's brief filed by Kenneth Eugene Smith. [24-10095]--[Edited 01/16/2024 by DLT] (ECF: Andrew Johnson) [Entered: 01/15/2024 04:18 PM]
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Filing 15
EMERGENCY MOTION to stay execution filed by Kenneth Eugene Smith. Motion is Opposed. [15] [24-10095] (ECF: Andrew Johnson) [Entered: 01/15/2024 04:10 PM]
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Filing 14
TIME SENSITIVE MOTION to seal filed by Kenneth Eugene Smith. Opposition to Motion is Unknown. [14] [24-10095] (ECF: Andrew Johnson) [Entered: 01/15/2024 04:04 PM]
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Filing 13
TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith. All necessary transcript(s) are on file. [24-10095] (ECF: Andrew Johnson) [Entered: 01/12/2024 05:12 PM]
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Filing 12
ORDER: Motion to expedite briefing schedule filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden is GRANTED. The following deadlines apply: 1. Appellants initial brief is due no later than 5:00 pm EST on Monday January 15, 2024. 2. Appellees response brief is due no later than 5:00 pm EST on Wednesday January 17, 2024. 3. Appellants reply brief is due no later than 5:00 pm EST on Thursday January 18, 2024. The Court will hear oral argument in this case on Friday January 19, 2024 at 3:30 pm EST via telephone [ # 7 ]. ENTERED FOR THE COURT - BY DIRECTION. (See attached order for complete text) [Entered: 01/12/2024 04:30 PM]
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Filing 11
APPEARANCE of Counsel Form filed by Ashley Brook Burkett for Kenneth Eugene Smith. Related cases? No. [24-10095] (ECF: Ashley Burkett) [Entered: 01/12/2024 03:36 PM]
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Filing 10
RESPONSE to Motion filed by Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden [ # 7 ] filed by Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith. [24-10095] (ECF: Andrew Johnson) [Entered: 01/12/2024 02:52 PM]
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Filing 9
APPEARANCE of Counsel Form filed by Andrew Burns Johnson for Kenneth Eugene Smith. Related cases? No. [24-10095] (ECF: Andrew Johnson) [Entered: 01/12/2024 02:41 PM]
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Filing 8
APPEARANCE of Counsel Form filed by Robert Grass for Kenneth Eugene Smith. Related cases? No. [24-10095] (ECF: Robert Grass) [Entered: 01/12/2024 02:06 PM]
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Filing 7
MOTION to expedite briefing filed by Commissioner, Alabama Department of Corrections and Holman CF Warden. Opposition to Motion is Unknown. [7] [24-10095] (ECF: Richard Anderson) [Entered: 01/12/2024 12:12 PM]
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Filing 6
Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Richard Anderson for Appellees Commissioner, Alabama Department of Corrections and Holman CF Warden. 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). [24-10095] (ECF: Richard Anderson) [Entered: 01/12/2024 10:52 AM]
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Filing 5
APPEARANCE of Counsel Form filed by Robert M. Overing for Commissioner John Q. Hamm and Warden Terry Raybon Related cases? No. [24-10095] (ECF: Robert Overing) [Entered: 01/11/2024 05:47 PM]
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Filing 4
APPEARANCE of Counsel Form filed by Richard Anderson for Commissioner, Alabama Department of Corrections and Holman CF Warden. Related cases? No. [24-10095] (ECF: Richard Anderson) [Entered: 01/11/2024 03:37 PM]
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Filing 3
APPEARANCE of Counsel Form filed by Edmund G. LaCour Jr. for John Q. Hamm and Terry Raybon Related cases? No. [24-10095] (ECF: Edmund LaCour) [Entered: 01/11/2024 01:01 PM]
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Filing 2
Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Andrew Burns Johnson 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). [24-10095] (ECF: Andrew Johnson) [Entered: 01/11/2024 11:15 AM]
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Filing 1
DEATH PENALTY APPEAL DOCKETED. Notice of appeal filed by Attorney Andrew Burns Johnson for Appellant Kenneth Eugene Smith on 01/10/2024. USDC motion pending: DE#41 MOTION to Compel Responses to Discovery Requests Under Federal Rule of Civil Procedure 37(a). DE# 54 MOTION to Strike the Opinions of Dr. Joseph Antognini filed on 12/18/2023. Fee Status: Fee Paid. [Entered: 01/11/2024 09:16 AM]
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