Spears v. Huffman
Plaintiff: Marion Chad Spears
Defendant: Superintendent Brad Huffman and Superintendent Brand Huffman
Interested Party: Pro Se Department
Case Number: 3:2022cv00201
Filed: April 18, 2022
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Tom S Lee
Referring Judge: Robert H Walker
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2022 Filing 11 MOTION for Appointment of Counsel by Marion Chad Spears. (Attachments: #1 Cover Letter, #2 Envelope)(LAT)
June 16, 2022 Filing 10 MOTION for Evidentiary Hearing by Marion Chad Spears. (Attachments: #1 Cover Letter, #2 Envelope)(LAT)
June 16, 2022 Filing 9 NOTICE of Intent by Marion Chad Spears. (Attachments: #1 Cover Letter, #2 Envelope)(LAT)
June 16, 2022 Filing 8 RESPONSE in Opposition re #6 MOTION to Dismiss Petition for Writ of Habeas Corpus filed by Marion Chad Spears. (Attachments: #1 Cover Letter, #2 Envelope)(LAT)
May 16, 2022 Filing 7 *RESTRICTED* State Court Record - Habeas by Defendant Brand Huffman (Attachments: #1 State Court Record (SCR), Cause No. 2010-KA-2059, Vol. 1, #2 SCR, Cause No. 2010-KA-2059, Vol. 2, #3 SCR, Cause No. 2010-KA-2059, Vol. 3, #4 SCR, Cause No. 2010-KA-2059, Case Folder, #5 SCR, Cause No. 2010-KA-2059, Briefs of the Parties, #6 SCR, 2016-M-903)(Owens-State Gov, Jerrolyn)
May 16, 2022 Filing 6 MOTION to Dismiss Petition for Writ of Habeas Corpus by Brand Huffman (Attachments: #1 Exhibit A (Verdict and Sentencing Order), #2 Exhibit B (Per Curiam Affirmance and Mandate), #3 Exhibit C (Application for Post-Conviction Relief filed June 24, 2016), #4 Exhibit D (Order of Miss. Supreme Court dismissing post-conviction filed August 24, 2016), #5 Exhibit E (Application for Post-Conviction Relief filed August 9, 2021), #6 Exhibit F (Order of Miss. Supreme Court denying post-conviction filed September 27, 2021), #7 Exhibit G (Order of Miss. Supreme Court filed November 10, 2021 dismissing Motion to Amend), #8 Exhibit H (Application for Post-Conviction Relief filed January 31, 2022), #9 Exhibit I (Order of Miss. Supreme Court denying post-conviction filed March 3, 2022), #10 Exhibit J (Order of Miss. Supreme Court filed March 29, 2022 dismissing Motion to Amend)(Owens-State Gov, Jerrolyn)
May 11, 2022 Filing 5 ACKNOWLEDGMENT OF SERVICE Executed as to Brand Huffman (Lynn Fitch) served on 5/10/2022, answer due 5/31/2022. (LAT)
May 4, 2022 Opinion or Order Filing 4 ORDER, the Clerk is directed to edit the docket to reflect the correct spelling of Respondent's name which is Superintendent Brand Huffman. The Respondent, through Honorable Lynn Fitch, Attorney General of the State of Mississippi, is required to file an answer or other responsive pleading in this cause within 20 days of service. Signed by Magistrate Judge Robert H Walker on 5/4/2022. (LDR)
May 4, 2022 Opinion or Order Filing 3 ORDER *RESTRICTED* granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Robert H Walker on 5/4/2022. (LDR)
April 18, 2022 Filing 2 *RESTRICTED* MOTION for Leave to Proceed in forma pauperis by Marion Chad Spears. (Attachments: #1 Envelope)(LAT)
April 18, 2022 Filing 1 PETITION for Writ of Habeas Corpus, filed by Marion Chad Spears. (Attachments: #1 Exhibit A- Supporting Documents, #2 Exhibit A- State of Mississippi Neshoba County Indictment, #3 Exhibit B- Neshoba County Circuit Court Judgment, #4 Exhibit B- Supreme Court of Mississippi Order, #5 Exhibit C- Neshoba County Circuit Court Jury Instruction, #6 Cover Letter, #7 Envelope, #8 Notice of Assignment)(LAT)

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Plaintiff: Marion Chad Spears
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Defendant: Superintendent Brad Huffman
Represented By: Lynn Fitch-State Gov
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Defendant: Superintendent Brand Huffman
Represented By: Jerrolyn M. Owens-State Gov
Represented By: Lynn Fitch-State Gov
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Interested party: Pro Se Department
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