BERNARD v. WARDEN et al
Petitioner: BRANDON BERNARD
Respondent: T.J. WATSON
Case Number: 2:2020cv00616
Filed: November 24, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Doris L Pryor
Referring Judge: James R Sweeney
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2020 Filing 26 USCA Case Number 20-3379 for #19 Notice of Appeal filed by BRANDON BERNARD. (RSF)
December 8, 2020 Opinion or Order Filing 25 Order Denying Motion to Stay Execution Pending Appeal - The Court has denied petitioner Brandon Bernard's motion to stay execution. Mr. Bernard has filed a notice of appeal and a motion to stay execution pending appeal. For the reasons in the Court's order denying petitioner's motion to stay execution, dkt. #18 , and because the standards governing the two motions are the same, Mr. Bernard's motion to stay execution pending appeal, dkt. #21 , is denied. Signed by Judge James R. Sweeney II on 12/8/2020. (RSF)
December 8, 2020 Filing 24 RESPONSE in Opposition re #21 MOTION to Stay re #19 Notice of Appeal *Motion to Stay Execution Pending Appeal and for Stay Pending Disposition of Stay Motion by the Seventh Circuit MOTION to Stay re #19 Notice of Appeal *Motion to Stay Execution Pending Appeal and for Stay Pending Disposition of Stay Motion by the Seventh Circuit , filed by Respondent T.J. WATSON. (Gay, Joseph)
December 8, 2020 Filing 23 ***DEATH PENALTY CASE*** Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #19 Notice of Appeal. - for Court of Appeals Use Only. (RSF)
December 8, 2020 Filing 22 PARTIES' SHORT RECORD re #19 Notice of Appeal - Instructions for Attorneys/Parties attached. (RSF)
December 8, 2020 Filing 21 MOTION to Stay re #19 Notice of Appeal *Motion to Stay Execution Pending Appeal and for Stay Pending Disposition of Stay Motion by the Seventh Circuit, filed by Petitioner BRANDON BERNARD. (Attachments: #1 Text of Proposed Order)(Carpenter, John)
December 8, 2020 Filing 20 DOCKETING STATEMENT by BRANDON BERNARD re #19 Notice of Appeal (Carpenter, John)
December 8, 2020 Filing 19 NOTICE OF APPEAL as to #18 Order on Motion to Stay, filed by Petitioner BRANDON BERNARD. (No fee paid with this filing) (Attachments: #1 Order Denying)(Carpenter, John)
December 8, 2020 Opinion or Order Filing 18 Order Denying Motion to Stay Execution - Brandon Bernard is a federal prisoner scheduled for execution on December 10, 2020. He was sentenced to death in 2000 for his role in the murder of Todd and Stacie Bagley. He has unsuccessfully challenged his convictions and death sentence on direct appeal and in post-conviction litigation. Now he brings a petition for writ of habeas corpus under 28 U.S.C 2241 and a motion to stay execution, both arguing that he has discovered new evidence of Brady and Napue violations committed at trial. Because Mr. Bernard cannot show a strong likelihood of success on his habeas corpus petition, his motion to stay execution #2 is denied. (See Order.) Signed by Judge James R. Sweeney II on 12/8/2020. (RSF)
December 4, 2020 Filing 17 RESPONSE *SUPPLEMENTAL BRIEFING*, re #14 Order, filed by Respondent T.J. WATSON. (Gay, Joseph) Modified on 12/4/2020 (RSF).
December 4, 2020 Filing 16 BRIEF/MEMORANDUM in Support Reply in Support of Motion re #2 MOTION to Stay Execution *SUPPLEMENTAL BRIEFING*, filed by Petitioner BRANDON BERNARD. (Carpenter, John) Modified on 12/4/2020 - response to Order at #14 (RSF).
December 4, 2020 Opinion or Order Filing 15 ORDER - granting #12 Motion for Leave to File Excess Pages. Leave of court is hereby granted for the defendant to file a Reply to Motion to Stay Execution not to exceed 30 pages. Signed by Magistrate Judge Doris L. Pryor on 12/3/2020. (RSF)
December 3, 2020 Opinion or Order Filing 14 Order Directing Supplemental Briefing - Both the government and Mr. Bernard shall have until Friday, December 4, 2020, at 5:00 p.m., to submit supplemental briefs on this question. See Order.) Signed by Judge James R. Sweeney II on 12/3/2020.(RSF)
December 2, 2020 Filing 13 REPLY in Support of Motion re #2 MOTION to Stay Execution , filed by Petitioner BRANDON BERNARD. (Carpenter, John)
December 2, 2020 Filing 12 Unopposed MOTION for Leave to File Excess Pages for Reply to Government Response to Motion to Stay Execution, filed by Petitioner BRANDON BERNARD. (Attachments: #1 Text of Proposed Order)(Carpenter, John)
December 2, 2020 Filing 11 NOTICE of Appearance by Joseph H. Gay, Jr on behalf of Respondent T.J. WATSON. (Gay, Joseph)
November 30, 2020 Filing 10 RESPONSE in Opposition re #2 MOTION to Stay Execution , filed by Respondent T.J. WATSON. (Gay, Joseph)
November 25, 2020 Opinion or Order Filing 9 ORDER - granting #5 Motion to Appear pro hac vice regarding John R. Carpenter. Signed by Magistrate Judge Doris L. Pryor on 11/25/2020. (RSF)
November 25, 2020 Opinion or Order Filing 8 ORDER granting #6 Motion to Appear pro hac vice. Attorney Robert C. Owen for BRANDON BERNARD added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Counsel via US Mail. Signed by Magistrate Judge Doris L. Pryor on 11/25/2020. (AAS)
November 24, 2020 Opinion or Order Filing 7 Order Setting Briefing Schedule for Motion to Stay Execution - Brandon Bernard is a federal prisoner scheduled to be executed on December 10, 2020. On November 24, 2020, he filed a petition for writ of habeas corpus, dkt. #1 , and a motion to stay execution, dkt. #2 . The respondent shall have through Monday, November 30, 2020, to respond to the motion to stay execution. The petitioner shall have through Wednesday, December 2, 2020, to file a reply. Copies distributed pursuant to distribution list. Signed by Judge James R. Sweeney II on 11/24/2020.(RSF)
November 24, 2020 Filing 6 MOTION for Attorney(s) Robert C. Owen to Appear pro hac vice (Filing fee $100, receipt number 0756-6292097), filed by Petitioner BRANDON BERNARD. (Attachments: #1 Proposed Order Granting Admission Pro Hac Vice)(Owen, Robert)
November 24, 2020 Filing 5 MOTION for Attorney(s) John R. Carpenter to Appear pro hac vice (Filing fee $100, receipt number 0756-6291851), filed by Petitioner BRANDON BERNARD. (Attachments: #1 Proposed Order)(Carpenter, John)
November 24, 2020 Filing 4 MOTION for Evidentiary Hearing, filed by Petitioner BRANDON BERNARD. (Attachments: #1 Proposed Order)(Carpenter, John)
November 24, 2020 Filing 3 APPENDIX re #1 Petition for Writ of Habeas Corpus Appendix Vol. I and Vol. II by BRANDON BERNARD. (Attachments: #1 Appendix Volume II of II)(Carpenter, John)
November 24, 2020 Filing 2 MOTION to Stay Execution, filed by Petitioner BRANDON BERNARD. (Attachments: #1 Proposed Order)(Carpenter, John)
November 24, 2020 Filing 1 PETITION for Writ of Habeas Corpus , filed by Brandon Bernard. (Filing fee $5, receipt number 0756-6290956) (Attachments: #1 Civil Case Filing Sheet)(Carpenter, John)

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Petitioner: BRANDON BERNARD
Represented By: John Robert Carpenter
Represented By: Robert C. Owen
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Respondent: T.J. WATSON
Represented By: Joseph H. Gay, Jr.
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