Lotter v. Houston (PURSUANT TO ORDER #21, SEND A COPY OF ALL UNSEALED FILINGS TO PETITIONER)
| John L. Lotter |
| Fred Britten and Robert Houston |
| Nebraska Attorney General |
| 4:2004cv03187 |
| April 26, 2010 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| Richard G. Kopf |
| Death Penalty - Habeas Corpus |
| 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
206
ORDER - that Chief Judge Rossiter shall reassign this case to another judge. The Clerk shall provide a copy of this order to the Chief Judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
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Filing
193
ORDER that Counsel are to advise me by filing a notice in the CM/ECF filing system when both of the following things have occurred: (a) resolution of the petition for certiorari now pending in the Supreme Court regarding this case; and (b) resolutio n of the consolidated appeals by the Nebraska Supreme Court regarding the state post-conviction matters. Upon the filing of the foregoing advice, my chambers shall call this matter to my attention and I will enter an order for a status conference. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
175
ORDER that Counsel for Mr. Lotter shall continue to represent him, and the June 5, 2017, deadline is canceled. A status conference will be held on January 4, 2018, at 12:00 noon, with counsel for Mr. Lotter and Respondent. That telephone conference will be recorded. A transcript of the hearing held today shall be prepared, filed, and available to the public and counsel. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
173
ORDER that Rebecca E. Woodman, counsel for Petitioner, shall contact James D. Smith, counsel for Respondents, concerning the Petitioner's ex parte supplemental budget request and request for additional time (filing no. 172 ). No later than Ma y 31, 2017, both Ms. Woodman and Mr. Smith shall jointly contact the undersigned's judicial Assistant, Kris Leininger, at (402) 437-1640, to schedule a telephonic recorded hearing for June 1 or 2, 2017, on the Petitioner's ex parte motion (filing no. 172 ). Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
167
ORDER that the notice of appeal (filing no. 165 ), construed also as a request to proceed in forma pauperis, is granted. The Clerk shall process the appeal. No certificate of appealability has been or will be issued. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
164
MEMORANDUM AND ORDER that the Petitioner's Motion to Alter or Amend Judgment (filing no. 162 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
160
MEMORANDUM AND ORDER that the stay motion (filing no. 150 ) is denied with prejudice. The petition for writ of habeas corpus (filing no. 149 ) is denied with prejudice. No certificate of appealability is or will be issued. A separate judgment will be filed. Nothing set forth herein alters the June 5, 2017, deadline imposed upon Lotter and his counsel. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
156
ORDER that Respondent's motion for extension of time (filing no. 155 ) is granted, as follows: Respondent shall have until February 21, 2017, to file a brief in response to Petitioner's motion to stay (filing no. 150 ). Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
154
MEMORANDUM AND ORDER - The respondent shall submit a brief regarding petitioner's motion to stay habeas proceedings pending state court remedies on or before close of business on February 13, 2017. Unless otherwise ordered, the petition for writ of habeas corpus will not be progressed until I have ruled upon petitioner's motion for a stay. Accordingly, respondent need not respond to the petition for writ of habeas corpus at this time. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to petitioner) (KLF)
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Filing
148
ORDER that the Petitioner's motion for withdrawal and substitution of counsel (filing no. 146 ) is granted. The granting of this motion does not alter the deadline set by this court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to petitioner)(LAC)
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Filing
145
ORDER - that Lotter's counsel may submit monthly vouchers on a schedule to be set by Mr. Stickman. My chambers shall provide Mr. Stickman with a copy of this Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
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Filing
142
ORDER that on or before October 3, 2016, counsel for Petitioner shall file ex parte and under seal a report on the status of investigative and other activities conducted on behalf of Petitioner since October 1, 2015. On or before October 3, 2016, counsel for Petitioner shall file ex parte and under seal a report on the status of investigative and other activities conducted on behalf of Petitioner since October 1, 2015. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
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Filing
140
ORDER that according to counsel for the Respondent, the proper Respondent in this is case not Brian Gage, Warden, Tecumseh State Correctional Institution, but rather Scott Frakes, Director, Nebraska Department of Correctional Institutions. There was no formal motion to substitute Brian Gage, Warden, Tecumseh State Correctional Institution. Therefore, my direction to the Clerk of Court on September 15, 2015, was in error and the non-public remark should be stricken. The proper style of this case is John L. Lotter v. Scott Frakes, Director, Nebraska Department of Correctional Institutions, Case No. 4:04CV3187-RGK. Counsel shall act accordingly. Ordered by Senior Judge Richard G. Kopf. (LAC)
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Filing
136
ORDER that Ms. Woodman and Ms. Camp are authorized to proceed as counsel in this matter and my previous order restricting their activities is lifted. This order does not authorize the expenditure of fees and expenses for investigative and expert services under the provisions of 18 U.S.C. § 3599(g)(2), as that matter remains pending before Chief Judge Riley. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(LAC)
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Filing
131
ORDER that the Petitioners motion to attend oral argument and request for transport order (filing 130 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(LAC)
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Filing
124
MEMORANDUM AND ORDER - Counsel for Lotter and Nebraska shall file initial briefs addressing the matters set out above no later than Thursday, June 18, 2015. Reply briefs may be submitted no later than Thursday, June 25, 2015. No later than Frida y, June 5, 2015, counsel for Lotter and counsel for Nebraska shall contact my judicial assistant, Kris Leininger, at 402.437.1640, in a joint conference call to schedule the precise date and time for oral argument. Counsel for Lotter shall contact co unsel for Nebraska and then initiate the joint telephone conference call with my judicial assistant. Oral argument shall be held on or after Monday, June 29, 2015, at a time convenient for the Court and counsel. The undersigned will hear one hour of oral argument. Ordered by Senior Judge Richard G. Kopf. (GJG)
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Filing
122
ORDER - I am inclined to grant Petitioner's pending ex parte motion (filing 120 ), but I first require that counsel submit to me a draft order granting the motion. After submission of the order, and assuming I agree with it, I will forward the order to Chief Judge Riley for his review and approval. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
118
ORDER granting 117 Motion to Extend counsel's appointment. Rebecca E. Woodman and Carol R. Camp will continue to serve as appointed counsel for Mr. Lotter until March 30, 2015. On or before such date, Petitioner, by and through his appointed counsel, shall make an ex parte showing as to why the appointment should continue for a longer period of time. Ordered by Senior Judge Richard G. Kopf. (KMG)
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Filing
114
ORDER - Petitioner's motion (filing 113 ) to permit attorney Jessica E. Sutton to withdraw as counsel, and to substitute attorney Carol R. Camp in her place, is granted. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
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Filing
109
ORDER - The motion (filing no. 101 ) to appoint Rebecca Woodman and Jessica Sutton as counsel in clemency and ancillary proceedings pursuant to 18 U.S.C. § 3599(e) is granted. The objection (filing no. 102 ) is denied. Andre Barry and Sean Brennan are formally relieved of any furtherobligation to Mr. Lotter. The appointment will terminate automatically one year from this date unless extended by the undersigned. Any extension must be sought by filing a motion for extension on or after January 1, 2015, but before January 22, 2015. Said motion must recite good cause for the extension, recount the actions taken by counsel to date, and state the actions proposed to be taken by counsel in the future. The Federal Public Defender f or the District of Nebraska shall provide counsel with the appropriate vouchers. Every three months measured from the date of this order, counsel shall submit completed vouchers to the undersigned. The Federal Public Defender for the District of Nebraska shall promptly advise the undersigned if any further or other orders or provisions are required. The Clerk shall mail a copy of this Order to the Federal Public Defenderfor the District of Nebraska and Mr. Lotter and provide notice viaCM/ECF to newly appointed counsel, Mr. Barry, Mr. Brennan and Mr. Brown. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(AOA)
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Filing
107
MEMORANDUM AND ORDER - No later than the close of business on January 21, 2014, Lotter and the lawyers seeking appointment shall supplement the record in this court by filing an evidence index including affidavits and copies of documents demonstra ting the status of the motion filed with the Eighth Circuit regarding the appointment of counsel. The Clerk of Court shall provide a copy of this order to counsel of record and Mr. Lotter. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed) (AOA)
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Filing
103
ORDER- No later than Monday, January 6, 2014, Rebecca Woodman shall cause affidavits to be filed in support of the Motion for Appointment of Counsel For Representation in Ancillary Proceedings, Including Clemency (filing no. 101 ). Such affidavits must be executed by a person or persons with personal knowledge setting forth facts establishing (a) that John L. Lotter has consented to the appointment of Rebecca Woodman and Jessica Sutton as his counsel in lieu of Andre Robert Barry and Sean Jose ph Brennan and (b) that Andre Robert Barry and Sean Joseph Brennan are no longer available to represent Mr. Lotter. No later than Monday, January 6, 2014, Rebecca Woodman shall cause a brief to be filed setting forth specifically the ancillary pro ceedings that Mr. Lotter intends to pursue and why such proceedings are covered by 18 U.S.C. § 3599(e). In addition to Ms. Woodman and Ms. Sutton, the Clerk shall provide notice of this Order to Mr. Barry, Mr. Brennan and Mr. Brown. The Clerk shall also mail a copy of this Order to Mr. Lotter. My chambers shall bring this matter to my attention on January 7, 2014. Ordered by Senior Judge Richard G. Kopf. (Notice and copies mailed as directed) (MKR)
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Filing
99
MEMORANDUM AND ORDER - The State Court Records filed as an attachment to Filing 60 (a CD containing various PDF documents), be returned to J. Kirk Brown, counsel for Respondent, for appropriate disposition. The State Court Records may be picked up in Lincoln, Nebraska. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)
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Filing
90
ORDER - Defendant's appeal 88 appears to be taken in good faith; Defendant's motion to proceed in forma pauperis on appeal 89 is granted; and The clerk is directed to process the appeal and to provide a copy of this order to the United States Court of Appeals for the Eighth Circuit. Ordered by Judge Richard G. Kopf. (Copies mailed as directed)(KBJ)
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Filing
87
MEMORANDUM AND ORDER - The petitioner's Motion to Alter or Amend Judgment 85 is denied. Ordered by Judge Richard G. Kopf. (Copies mailed to Petitioner) (KBJ)
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Filing
83
MEMORANDUM AND ORDER - The Corrected Second Amended Petition for Writ of Habeas Corpus 47 is denied and this case is dismissed with prejudice. A separate judgment will be issued. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, the court denies the issuance of a certificate of appealability as to all claims. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(KBJ)
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Filing
77
MEMORANDUM AND ORDER - On or before the close of business on Friday, February 25, 2011, the parties shall jointly file an agreed Joint Index of State Records. On or before the close of business on Friday, February 25, 2011, the Petitioner shall file a Petitioner's Statement Regarding Location in the Record of Presentment and Resolution of Federal Claims to and by State Courts. ( Case Management Deadline set for 2/25/2011 - Joint Index of State Records due. Petitioner's Statement due.) Ordered by Judge Richard G. Kopf. (Copy mailed to petitioner)(JAE)
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Filing
75
ORDER granting 74 the Petitioner's Motion for Leave to file sur-reply brief. Petitioner shall have until December 15, 2010, to file sur-reply brief limited to the 6 issues identified in the motion. Ordered by Judge Richard G. Kopf. (Copy mailed to petitioner)(MKR)
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Filing
72
MEMORANDUM AND ORDER denying without prejudice Petitioner's Motion to Compel 70 . The clerk of the court shall not file any further pro se documents submitted by Petitioner in this case, but instead shall forward such documents to one of Petitioner's attorneys of record. Pursuant to the court's previous order 21 , the clerk of the court shall send a copy of this memorandum and order directly to Petitioner. Ordered by Judge Richard G. Kopf. (Copy mailed as directed) (JSF)
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Filing
65
MEMORANDUM AND ORDER - On initial review, the nineteen claims raised by Petitioner in the Corrected Second Amended Petition for Writ of Habeas Corpus (filing 47 at CM/ECF pp. 32-46) are potentially cognizable for purposes of federal habeas corpus r elief. The parties are cautioned that this determination is preliminary only. Respondents answer and brief shall address each of these claims. No amendments or supplements to the Corrected Second Amended Petition forWrit of Habeas Corpus (filing [47 ]) shall be filed without first securing leave of the Court. No summary judgment motion will be filed. The respondent shall follow the procedures set forth in the order. By August 8, 2010, Respondent shall file all state court records which are rel evant to the cognizable claims. By September 8, 2010, Respondent shall file an answer and a separate brief. By November 8, 2010, Petitioner shall file and serve a brief in response. By December 8, 2010, Respondent shall file and serve a reply brief. The Clerk of Court is directed to set a case management deadline in this case using the following text: December 9, 2010, check that required briefs have been submitted. Determine whether case ready for decision to the extent allowed by briefs and r ecord. Issue memorandum and order deciding claims that are ripe for decision without discovery or an evidentiary hearing. ***Set/Reset All Deadlines: ( Case Management Deadline set for 12/9/2010, checkthat required briefs have been submitted. Determi ne whether case ready for decision to the extent allowed by briefs and record. Issue memorandum and order deciding claims that are ripe for decision without discovery or an evidentiary hearing. No discovery shall be undertaken without leave of the co urt. This order supersedes the deadlines set by Judge Zwart in filing 44 and the telephone conference previously scheduled by Judge Zwart is cancelled. State Court Record Deadline set for 8/8/2010). Ordered by Judge Richard G. Kopf. (Copy mailed)(MKR)
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Filing
63
ORDER that the Cline-Williams firm represents Petitioner together with Mr. Brennan. I have done additional research regarding the fact that Laura Hegge (one of my law clerks) and Bren Chambers( Judge Zwarts law clerk) once worked for the Cline-Williams firm as associates. IT IS ORDERED that Ms. Hegge and Mr. Chambers shall do no work on this case and they shall be screened from discussions regarding this matter. Ordered by Judge Richard G. Kopf. (ADB, )
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Filing
48
ORDER that elbow clerk, Laura R. Hegge, has been assigned towork on this matter. IT IS ORDERED that if any party desires that this case be reassigned to another elbow clerk in my chambers, the party shall file an objection (which the Clerk will treat as a motion) and supporting brief within ten days of this order. Any party opposing such an objection may respond by brief within ten days of the submission of the objection. The Clerk shall provide a copy of this Memorandum and Order to Judge Zwart. Ordered by Judge Richard G. Kopf. (Copy mailed to petitioner)(ADB, )
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Filing
44
MEMORANDUM AND ORDER, 1) This case is no longer stayed. The clerk shall reopen the case. 2) The petitioners amended habeas petition shall be filed on or before June 7, 2010. 3) The defendants response to the amended habeas petition shall be filed on or before July 7, 2010. 4) A status conference will be held in chambers before the undersigned magistrate judge on July 30, 2010 at 1:30 p.m. to discuss further progression of this case to resolution. Case reopened., Lifting Stay, ( Status Conference set for 7/30/2010 at 01:30 PM before Magistrate Judge Cheryl R. Zwart.) Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to petitioner)(PCV, )
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Filing
43
MEMORANDUM AND ORDER - Telephone StatusConference set for 5/6/2010 at 02:00 PM before Magistrate Judge Cheryl R. Zwart. Counsel for plaintiff will place the conference call. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAE)
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