PURKEY v. UNITED STATES OF AMERICA et al
Petitioner: WESLEY IRA PURKEY
Respondent: WARDEN and UNITED STATES OF AMERICA
Case Number: 2:2019cv00414
Filed: August 27, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: James Patrick Hanlon
Referring Judge: Doris L Pryor
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2019 Opinion or Order 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)
October 17, 2019 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)
October 11, 2019 Opinion or Order 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)
October 4, 2019 Filing 51 NOTICE of Appearance by Michelle M. Law on behalf of Petitioner WESLEY IRA PURKEY. (Law, Michelle)
October 1, 2019 Opinion or Order 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)
September 27, 2019 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).
September 27, 2019 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).
September 25, 2019 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)
September 24, 2019 Filing 46 SEALED Sentencing Hearing Transcript, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 45 SEALED Trial Transcript Volume XVIII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 44 SEALED Trial Transcript Volume XVII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 43 SEALED Trial Transcript Volume XVI, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 42 SEALED Trial Transcript Volume XV, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 41 SEALED Trial Transcript Volume XIV, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 40 SEALED Trial Transcript Volume XIII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 39 SEALED Trial Transcript Volume XII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 38 SEALED Trial Transcript Volume XI, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 37 SEALED Trial Transcript Volume X, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 36 SEALED Trial Transcript Volume IX, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 35 SEALED Trial Transcript Volume VIII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 34 SEALED Trial Transcript Volume VII, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 33 SEALED Trial Transcript Volume VI, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 32 SEALED Trial Transcript Volume V, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 31 SEALED Trial Transcript Volume IV, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 30 SEALED Trial Transcript Volume III, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 29 SEALED Trial Transcript Volume II, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 28 SEALED Trial Transcript Volume I, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 27 SEALED Transcript of Suppression Hearing held November 15, 2002, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 26 SEALED Transcript of Suppression Hearing held October 25, 2002, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 24, 2019 Filing 25 SEALED Transcript of Suppression Hearing held October 17, 2002, filed by Respondent UNITED STATES OF AMERICA. (Attachments: #1 Transcript)(Casey, Brian)
September 16, 2019 Opinion or Order 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)
September 12, 2019 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).
September 11, 2019 Opinion or Order 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)
September 9, 2019 Filing 20 Submission of Proposed Order , re #19 MOTION to Appoint Counsel , filed by Petitioner WESLEY IRA PURKEY. (Law, Michelle)
September 9, 2019 Filing 19 MOTION to Appoint Counsel , filed by Petitioner WESLEY IRA PURKEY. (Law, Michelle)
September 6, 2019 Filing 18 NOTICE of Appearance by Kathleen D. Mahoney on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Mahoney, Kathleen)
September 6, 2019 Filing 17 ***PLEASE DISREGARD - CORRECTED DOCUMENT AT #18 ***NOTICE of Appearance (Mahoney, Kathleen) Modified on 9/9/2019 (RSF).
September 4, 2019 Opinion or Order 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)
September 4, 2019 Opinion or Order 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)
September 3, 2019 Filing 14 NOTICE of Appearance by Brian Patrick Casey on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Casey, Brian)
September 3, 2019 Filing 13 NOTICE of Appearance by Jeffrey E. Valenti on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Valenti, Jeffrey)
September 3, 2019 Filing 12 NOTICE of Appearance by Brian L. Reitz on behalf of Respondents UNITED STATES OF AMERICA, WARDEN. (Reitz, Brian)
August 30, 2019 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).
August 30, 2019 Filing 10 MOTION to Appoint Counsel , filed by Petitioner WESLEY IRA PURKEY. (Woodman, Rebecca)
August 29, 2019 Opinion or Order 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)
August 29, 2019 Opinion or Order 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)
August 27, 2019 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).
August 27, 2019 Filing 6 MOTION for Leave to Proceed in forma pauperis , filed by Petitioner WESLEY IRA PURKEY. (Woodman, Rebecca)
August 27, 2019 Filing 5 NOTICE of Appearance by Rebecca Ellen Woodman on behalf of Petitioner WESLEY IRA PURKEY. (Woodman, Rebecca)
August 27, 2019 Filing 4 MOTION to Stay re #1 Petition for Writ of Habeas Corpus , filed by Petitioner WESLEY IRA PURKEY. (Attachments: #1 Appendix)(Woodman, Rebecca)
August 27, 2019 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)
August 27, 2019 Filing 2 CERTIFICATE OF SERVICE by WESLEY IRA PURKEY re #1 Petition for Writ of Habeas Corpus (Woodman, Rebecca)
August 27, 2019 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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Petitioner: WESLEY IRA PURKEY
Represented By: Rebecca Ellen Woodman
Represented By: Michelle M. Law
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Respondent: WARDEN
Represented By: Brian L. Reitz
Represented By: Jeffrey E. Valenti
Represented By: Brian Patrick Casey
Represented By: Kathleen D. Mahoney
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Respondent: UNITED STATES OF AMERICA
Represented By: Brian L. Reitz
Represented By: Jeffrey E. Valenti
Represented By: Brian Patrick Casey
Represented By: Kathleen D. Mahoney
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