PURKEY v. UNITED STATES OF AMERICA et al
WESLEY IRA PURKEY |
WARDEN and UNITED STATES OF AMERICA |
2:2019cv00414 |
August 27, 2019 |
US District Court for the Southern District of Indiana |
James Patrick Hanlon |
Doris L Pryor |
Death Penalty - Habeas Corpus |
28 U.S.C. § 2241 |
None |
Docket Report
This docket was last retrieved on November 20, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 54 Order Directing Response to Petitioner's Pro Se Filing and Writ of Mandamus - On September 6, 2019, the Court received a two-page document prepared by Petitioner Wesley Purkey styled, "Motion to Withdraw Petition for Habeas Corpus." On October 17, 2019, the Court received notification that Mr. Purkey filed a writ of mandamus with the United States Court of Appeals for the Seventh Circuit. Mr. Purkey's counsel shall file a status report by October 25, 2019 responding to the allegations in Mr. Purkey's "Motion to Withdraw Petition for Habeas Corpus" and his writ of mandamus filed with the Seventh Circuit. The status report may be filed ex parte if deemed necessary by counsel to preserve client confidences and attorney-client privileged communications. (See Order.) Signed by Judge James Patrick Hanlon on 10/21/2019.(RSF) |
Filing 53 Notice of Docketing from 7th Circuit Court of Appeals - Case No. 19-3047 assigned to Writ of Mandamus filed with the 7th Circuit by Wesley I. Purkey. (Attachments: #1 Circuit Rule 3(b) Notice)(RSF) |
Filing 52 ORDER granting #47 Motion to Maintain Document Under Seal - The suppression hearing, trial, and sentencing hearing transcripts (Dkt. Nos. 25 through 46) will be maintained under seal but be available to the parties and this Court. Signed by Magistrate Judge Doris L. Pryor on 10/11/2019. (JRB) |
Filing 51 NOTICE of Appearance by Michelle M. Law on behalf of Petitioner WESLEY IRA PURKEY. (Law, Michelle) |
Filing 50 ORDER - granting #19 Motion to Appoint Counsel. The Court appoints Michelle M. Law, Assistant Federal Public Defender, as counsel to represent Petitioner for all proceedings in this matter. Such appointment shall be deemed effective as of the date this action was filed, August 27, 2019. Signed by Judge James Patrick Hanlon on 10/1/2019. (RSF) |
Filing 49 RESPONSE in Opposition re #4 MOTION to Stay re #1 Petition for Writ of Habeas Corpus , filed by Respondents UNITED STATES OF AMERICA, WARDEN. (Casey, Brian) Modified on 9/30/2019 - created link to Amended Petition at #23 (RSF). |
Filing 48 APPENDIX Index by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Casey, Brian) Modified on 9/30/2019 - created link to Response #49 (RSF). |
Filing 47 MOTION to Maintain Document Under Seal #34 SEALED Document (Case Participants - doc), #27 SEALED Document (Case Participants - doc), #32 SEALED Document (Case Participants - doc), #25 SEALED Document (Case Participants - doc), #35 SEALED Document (Case Participants - doc), #29 SEALED Document (Case Participants - doc), #31 SEALED Document (Case Participants - doc), #41 SEALED Document (Case Participants - doc), #39 SEALED Document (Case Participants - doc), #26 SEALED Document (Case Participants - doc), #40 SEALED Document (Case Participants - doc), #28 SEALED Document (Case Participants - doc), #45 SEALED Document (Case Participants - doc), #37 SEALED Document (Case Participants - doc), #30 SEALED Document (Case Participants - doc), #46 SEALED Document (Case Participants - doc), #44 SEALED Document (Case Participants - doc), #36 SEALED Document (Case Participants - doc), #38 SEALED Document (Case Participants - doc), #33 SEALED Document (Case Participants - doc), #42 SEALED Document (Case Participants - doc), #43 SEALED Document (Case Participants - doc) , filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(Mahoney, Kathleen) |
Filing 46 SEALED Sentencing Hearing Transcript, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 45 SEALED Trial Transcript Volume XVIII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 44 SEALED Trial Transcript Volume XVII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 43 SEALED Trial Transcript Volume XVI, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 42 SEALED Trial Transcript Volume XV, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 41 SEALED Trial Transcript Volume XIV, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 40 SEALED Trial Transcript Volume XIII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 39 SEALED Trial Transcript Volume XII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 38 SEALED Trial Transcript Volume XI, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 37 SEALED Trial Transcript Volume X, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 36 SEALED Trial Transcript Volume IX, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 35 SEALED Trial Transcript Volume VIII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 34 SEALED Trial Transcript Volume VII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 33 SEALED Trial Transcript Volume VI, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 32 SEALED Trial Transcript Volume V, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 31 SEALED Trial Transcript Volume IV, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 30 SEALED Trial Transcript Volume III, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 29 SEALED Trial Transcript Volume II, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 28 SEALED Trial Transcript Volume I, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 27 SEALED Transcript of Suppression Hearing held November 15, 2002, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 26 SEALED Transcript of Suppression Hearing held October 25, 2002, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 25 SEALED Transcript of Suppression Hearing held October 17, 2002, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian) |
Filing 24 ORDER - On September 13, 2019, the Court received a one-page document prepared by Petitioner Wesley Purkey styled, "Motion to Rescind Petitioner's Pro Se Motion to Withdraw Petition(s)." The Court does not accept this document for filing because Mr. Purkey is represented by counsel. The document will be forwarded to Mr. Purkey's counsel who, consistent with counsel's professional obligations, shall review the document and decide what action, if any, should be taken regarding the issues raised therein. The clerk is directed to send a copy of the above referenced document by United States Mail to Mr. Purkey's counsel. Original to Attorney Woodman. Signed by Judge James Patrick Hanlon on 9/16/2019.(RSF) |
Filing 23 AMENDED PETITION with redacted appendix filed by WESLEY IRA PURKEY. (Attachments: #1 Appendix, #2 Appendix pp. 1 - 26, #3 Appendix pp. 27 - 42, #4 Appendix pp. 43 - 56, #5 Appendix pp. 57 - 171, #6 Appendix pp. 172 - 216, #7 Appendix pp. 217 - 265, #8 Appendix pp. 266 - 273, #9 Appendix pp. 274 - 283, #10 Appendix pp. 284 - 303, #11 Appendix pp. 304 - 353, #12 Appendix pp. 354 - 427, #13 Appendix pp. 428 - 522, #14 Appendix pp. 523 - 570, #15 Appendix pp. 571 - 678, #16 Appendix pp. 679 - 787, #17 Appendix pp. 788 - 832, #18 Appendix pp. 833 - 887, #19 Appendix pp. 888 - 907, #20 Appendix pp. 908 - 983, #21 Appendix pp. 984 - 993, #22 Appendix pp. 994 - 1002, #23 Appendix pp. 1003 - 1014, #24 Appendix pp. 1015 - 1020, #25 Appendix pp. 1021 - 1026, #26 Appendix pp. 1027 - 1032, #27 Appendix pp. 1033 - 1038, #28 Appendix pp. 1039 - 1044, #29 Appendix pp. 1045 - 1050, #30 Appendix pp. 1051 - 1056, #31 Appendix pp. 1057 - 1062, #32 Appendix pp. 1063 - 1068, #33 Appendix pp. 1069 - 1074, #34 Appendix pp. 1075 - 1080, #35 Appendix pp. 1081 - 1165, #36 Appendix pp. 1166 - 1439, #37 Appendix pp. 1440 - 1783, #38 Appendix pp.1784 - 2097, #39 Appendix pp. 2098 - 2222, #40 Appendix pp. 2223 - 2465)(Woodman, Rebecca) Modified on 9/12/2019 (RSF). |
Filing 22 ORDER - On September 6, 2019, the Court received a two-page document prepared by Petitioner Wesley Purkey styled, "Motion to Withdraw Petition for Habeas Corpus." The Court does not accept this document for filing because Mr. Purkey is represented by counsel. The document was inadvertently docketed at docket 21 and has since been restricted. The parties should disregard the document. The document will be forwarded to Mr. Purkey's counsel who, consistent with counsel's professional obligations, shall review the document and decide what action, if any, should be taken regarding the issues raised therein. The clerk is directed to send a copy of docket 21 by United States Mail to Mr. Purkey's counsel. Copies distributed pursuant to distribution list. Signed by Judge James Patrick Hanlon on 9/11/2019.(RSF) |
Filing 20 Submission of Proposed Order , re #19 MOTION to Appoint Counsel , filed by Petitioner WESLEY IRA PURKEY. (Law, Michelle) |
Filing 19 MOTION to Appoint Counsel , filed by Petitioner WESLEY IRA PURKEY. (Law, Michelle) |
Filing 18 NOTICE of Appearance by Kathleen D. Mahoney on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Mahoney, Kathleen) |
Filing 17 ***PLEASE DISREGARD - CORRECTED DOCUMENT AT #18 ***NOTICE of Appearance (Mahoney, Kathleen) Modified on 9/9/2019 (RSF). |
Filing 16 ORDER - granting #3 Motion to Appear pro hac vice. Attorney Michelle M. Law for WESLEY IRA PURKEY added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. (See Order.) Copy to PHV Applicant via US Mail. Signed by Magistrate Judge Doris L. Pryor on 9/4/2019. (DMW) |
Filing 15 ORDER granting #10 Motion to Appoint Counsel. The Court appoints Rebecca E. Woodman as counsel to represent Petitioner for all proceedings in this matter. Such appointment shall be deemed effective as of the date this action was filed, August 27, 2019. (See Order.) Signed by Judge James Patrick Hanlon on 9/4/2019. (RSF) |
Filing 14 NOTICE of Appearance by Brian Patrick Casey on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Casey, Brian) |
Filing 13 NOTICE of Appearance by Jeffrey E. Valenti on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Valenti, Jeffrey) |
Filing 12 NOTICE of Appearance by Brian L. Reitz on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Reitz, Brian) |
Filing 11 Supplement to Writ of Habeas Corpus, filed by Petitioner WESLEY IRA PURKEY. (Attachments: #1 Supplement Table of Contents)(Woodman, Rebecca) Modified on 9/3/2019 - created link to #1 (RSF). |
Filing 10 MOTION to Appoint Counsel , filed by Petitioner WESLEY IRA PURKEY. (Woodman, Rebecca) |
Filing 9 Order Requiring Supplementation of Habeas Petition - Petitioner's habeas petition does not contain a table of contents. Petitioner shall have through September 5, 2019, to supplement his habeas petition by filing a table of contents that identifies each heading and sub-heading in the habeas petition and the corresponding page on which those headings are located. Signed by Judge James Patrick Hanlon on 8/29/2019. (DMW) |
Filing 8 ORDER TO SHOW CAUSE - Petitioner Wesley Ira Purkey filed this habeas action pursuant to 28 U.S.C. 2241. This action will proceed as follows. The United States has already been notified of the filing of the instant habeas petition. It shall have through September 27, 2019, in which to answer the allegations of the habeas petition, and in doing so shall show cause why the relief sought by Mr. Purkey should not be granted. Mr. Purkey shall have through October 28, 2019, in which to reply. The Clerk is directed to restrict access to the exhibits (dkt. #7 ) to Case Participants Only unless and until ordered otherwise. Mr. Purkey shall file either redacted exhibits or a motion to maintain the exhibits under Case Participants Only restricted access by no later than September 13, 2019. Mr. Purkey's motion for leave to proceed in forma pauperis, dkt. #6 , is granted. (See Order.) Signed by Judge James Patrick Hanlon on 8/29/2019.(RSF) |
Filing 7 APPENDIX Exhibits 1-10, pp. 1-70 - re #1 Petition for Writ of Habeas Corpus by WESLEY IRA PURKEY. (Attachments: #1 App. Exs. 11-12(partial), pp. 71-141; #2 App. Exs. 12(partial)-13(partial), pp. 142-209, #3 App. Exs. 13(partial)-15, pp. 210-263; #4 App. Exs. 16-21, pp. 264-343; #5 App. Exs. 22-25(partial), pp. 344-442, #6 App. 25(partial)-41, pp. 443-653, #7 App. Exs. 42-45, pp. 654-672; #8 App. Ex. 46(partial), pp. 673-682; #9 App. Ex. 46(partial), pp. 683-690; #10 App. Exs. 47-53(partial), pp. 691-775; #11 App. Exs. 53(partial)-73, pp. 776-977; #12 App. Ex. 74-78(partial), pp. 978-1076; #13 App. Exs. 78(partial)-86, pp. 1077-1168; #14 App. Exs. 87-101(partial), pp. 1169-1317; #15 App. Exs. 101(partial)-125, pp. 1318-1460; #16 App. Exs. 126-127(partial), pp. 1461-1509; #17 App. Exs. 127(partial)-130, pp. 1510-1564; #18 App. Exs. 131-139, pp. 1565-1669; #19 App. Exs.140-144; pp. 1670-1966; #20 App. Exs. 145-212, pp. 1967-2838; #21 App. Exs. 213-215, pp. 2839-2913)(Woodman, Rebecca) Modified on 8/28/2019 - added restricted access (RSF). |
Filing 6 MOTION for Leave to Proceed in forma pauperis , filed by Petitioner WESLEY IRA PURKEY. (Woodman, Rebecca) |
Filing 5 NOTICE of Appearance by Rebecca Ellen Woodman on behalf of Petitioner WESLEY IRA PURKEY. (Woodman, Rebecca) |
Filing 4 MOTION to Stay re #1 Petition for Writ of Habeas Corpus , filed by Petitioner WESLEY IRA PURKEY. (Attachments: #1 Appendix)(Woodman, Rebecca) |
Filing 3 MOTION for Attorney(s) Michelle M. Law to Appear pro hac vice (No fee paid with this filing), filed by Petitioner WESLEY IRA PURKEY. (Woodman, Rebecca) |
Filing 2 CERTIFICATE OF SERVICE by WESLEY IRA PURKEY re #1 Petition for Writ of Habeas Corpus (Woodman, Rebecca) |
Filing 1 PETITION for Writ of Habeas Corpus , filed by WESLEY IRA PURKEY. (No fee paid with this filing) (Attachments: #1 Appendix)(Woodman, Rebecca) |
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