Elmore v. Houk
Petitioner: Phillip Elmore
Respondent: Warden Tim Shoop
Case Number: 1:2007cv00776
Filed: July 19, 2007
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: ADAMS
Presiding Judge: Michael R Merz
Referring Judge: Edmund A Sargus
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2021 Filing 253 NOTICE by Petitioner Phillip Elmore of State Court Filing of Motion for Leave to File Delayed Motion for New Trial (Attachments: #1 Exhibit Motion for Leave to File Delayed Motion for New Trial) (Bottei, Paul)
January 25, 2021 Filing 252 REPLY to Response to Motion re #245 MOTION for Hearing Motion for Evidentiary Hearing -- Petitioner's Reply to Warden's Opposition (ECF No. 249) to Motion for Evidentiary Hearing filed by Petitioner Phillip Elmore. (Bottei, Paul)
December 22, 2020 Opinion or Order Filing 251 Notation ORDER granting #250 Motion for Extension of Time to January 25, 2021, to File Response/Reply in support of motion for evidentiary hearing. Signed by Magistrate Judge Michael R. Merz on 12/22/2020. (MRM)
December 22, 2020 Filing 250 Unopposed MOTION for Extension of Time to File Response/Reply as to #249 Response in Opposition to Motion New date requested 1/25/2021. by Petitioner Phillip Elmore. (Bottei, Paul)
December 21, 2020 Filing 249 RESPONSE in Opposition re #245 MOTION for Hearing Motion for Evidentiary Hearing filed by Respondent Tim Shoop. (Maher, Stephen)
November 19, 2020 Set/Reset Deadlines as to #245 MOTION for Hearing Motion for Evidentiary Hearing. Responses due by 12/21/2020 (daf)
November 18, 2020 Opinion or Order Filing 248 Notation ORDER granting #247 Motion for Extension of Time to and including December 21, 2020, to File Response to motion for evidentiary hearing. Signed by Magistrate Judge Michael R. Merz on 11/18/2020. (MRM)
November 18, 2020 Filing 247 Unopposed MOTION for Extension of Time to File Response/Reply as to #245 MOTION for Hearing Motion for Evidentiary Hearing New date requested 12/21/2020. by Respondent Tim Shoop. (Maher, Stephen)
November 13, 2020 Filing 246 NOTICE by Petitioner Phillip Elmore of Filing of State Court Documents (Attachments: #1 Exhibit Motion, #2 Exhibit Response) (Bottei, Paul)
October 30, 2020 Filing 245 MOTION for Hearing Motion for Evidentiary Hearing by Petitioner Phillip Elmore. (Attachments: #1 Report of Douglas Scharre, M.D., #2 Report of Erin D. Bigler, Ph.D., #3 Spencer, Qualitative Assessment of Brain Anomalies in Adolescents with Mental Retardation, #4 Report of Andrew Newberg, M.D.) (Bottei, Paul)
October 1, 2020 Filing 244 NOTICE by Petitioner Phillip Elmore of Withdrawal of Co-Counsel David Stebbins (Bottei, Paul)
September 24, 2020 Opinion or Order Filing 243 Notation ORDER granting #242 Motion for Extension of Time to File motion for evidentiary hearing to and including October 30,020.. Signed by Magistrate Judge Michael R. Merz on 09/24/2020. (MRM)
September 24, 2020 Filing 242 Unopposed MOTION for Extension of Time to File New date requested 10/30/2020. Unopposed Motion for Extension of Time to File Motion for Evidentiary Hearing by Petitioner Phillip Elmore. (Bottei, Paul)
September 14, 2020 Filing 241 REPLY to Respondent's Answer re #239 Return of Writ (Answer) Reply to Respondent's Supplemental Return of Writ to Petitioner's Fourth Amended Petition for Writ of Habeas Corpus by Petitioner Phillip Elmore. (Attachments: #1 Supplemental Declaration of Daniel H. Grant, Ed.D.) (Bottei, Paul)
August 20, 2020 Filing 240 NOTICE by Respondent Tim Shoop re #239 Return of Writ (Answer) of Supplemental Authority re Forfeiture (Attachments: #1 Appendix Strong v. Nagy, 6th Cir. August 20, 20920) (Maher, Stephen)
August 12, 2020 Filing 239 RETURN of Writ re #238 Amended Petition for Writ of Habeas Corpus Responding to Sub-Claims 10(D), 10(G), and 10(H) by Respondent Tim Shoop. (Maher, Stephen)
July 13, 2020 Filing 238 AMENDED Petition for Writ of Habeas Corpus Fourth Amended Petition for Writ of Habeas Corpus, filed by Phillip Elmore. (Bottei, Paul)
July 6, 2020 Opinion or Order Filing 237 SCHEDULING ORDER - Amended Petition due July 13, 2020, Respondent's Amended Return of Writ due August 13, 2020, Petitioner's Amended Traverse due September 13, 2020, and Petitioner's renewed motion for evidentiary hearing due October 1, 2020. Signed by Magistrate Judge Michael R. Merz on 7/3/2020. (kpf)
June 26, 2020 Filing 236 REPLY to Response to Motion re #233 MOTION for Scheduling Order filed by Petitioner Phillip Elmore. (Bottei, Paul)
June 24, 2020 Opinion or Order Filing 235 Notation ORDER deferring ruling on #233 Motion adopt scheduling order until the Court has considered any reply memorandum in support of the Motion which must be filed not later than June 26, 2020. Signed by Magistrate Judge Michael R. Merz on 6/24/2020. (MRM)
June 23, 2020 Filing 234 RESPONSE in Opposition re #233 MOTION for Scheduling Order filed by Respondent Tim Shoop. (Maher, Stephen)
June 23, 2020 Filing 233 MOTION for Scheduling Order by Petitioner Phillip Elmore. (Bottei, Paul)
June 22, 2020 Opinion or Order Filing 232 OPINION AND ORDER - The Court OVERRULES Petitioner's Objections ECF Nos. #212 and #226 ; ADOPTS the Decision and Order ECF No. #207 ; and ADOPTS the Supplemental Opinion and Recommendations ECF No. #220 . Petitioner's Motions to Amended ECF No. #175 except as to claims 10(D), 10(G), and 10(H), for an Evidentiary Hearing ECF No. #183 and to Stay ECF No. #187 are DENIED. Signed by Judge Edmund A. Sargus on 6/22/2020. (cmw)
March 24, 2020 Filing 231 NOTICE by Petitioner Phillip Elmore of Filing of State Court Documents (Attachments: #1 Motion for Appointment of Counsel, #2 Order Appointing Counsel) (Bottei, Paul)
February 25, 2020 Filing 230 NOTICE by Petitioner Phillip Elmore of Court of Common Pleas Decision and Order Granting Evidentiary Hearing (Attachments: #1 Decision and Order Granting Evidentiary Hearing) (Bottei, Paul)
January 2, 2020 Filing 229 NOTICE by Petitioner Phillip Elmore of Filing of State Post-Conviction Document: Phillip Elmore's Reply to State's Response to Notice of Supplemental Authority (Attachments: #1 Reply to Response to Notice of Supplemental Authority) (Bottei, Paul)
December 23, 2019 Filing 228 NOTICE by Petitioner Phillip Elmore of Filing of State Post-Conviction Document (Attachments: #1 Exhibit State's Response to Notice of Supplemental Authority) (Bottei, Paul)
November 25, 2019 Filing 227 Response IN Opposition To Elmore's Doc. 226 Objections To Doc. 220 Supplemental Opinion by Respondent Tim Shoop. (Maher, Stephen)
November 14, 2019 Filing 226 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Petitioner Phillip Elmore re #220 Order, (Bottei, Paul)
November 12, 2019 Filing 225 NOTICE by Petitioner Phillip Elmore of Filing of State Post-Conviction Document, Phillip Elmore's Notice of Supplemental Authority of State of Ohio v. Ford, 2019-Ohio-4539, 2019 Ohio Lexis 2312 (Nov. 7, 2019) (Attachments: #1 Exhibit Petitioner Phillip Elmore's Notice of Supplemental Authority: State of Ohio v. Ford, 2019-Ohio-4539, 2019 Ohio Lexis 2312 (Nov. 7, 2019)) (Bottei, Paul)
November 5, 2019 Opinion or Order Filing 224 OPINION AND ORDER - With the exception that was noticed in the Opinion and Order the Court OVERRULES Petitioners Objections ECF Nos. #173 and #195 and OVERRULES Respondents Oppositions, construed as objections, ECF Nos. #177 and #198 . The Court accordingly ADOPTS the Magistrate Judges Decision and Order ECF No. #172 and Supplemental Opinion (ECF No. 192) and DENIES Petitioners Motion to Transport ECF No. #169 . The Court adds that its denial is without prejudice subject to reconsideration should the Court determine that the claim at issue is not barred by procedural default. Signed by Judge Edmund A. Sargus on 11/5/2019. (cmw)
October 23, 2019 Opinion or Order Filing 223 Notation ORDER granting #222 Motion for Extension of Time to 11/15/2019 to file objections to supplemental opinion. Counsel are reminded that any set of objections in excess of twenty pages is subject to S.D. Ohio Civ. R. 7.2(a)(3) and non-compliant documents will be stricken. Signed by Magistrate Judge Michael R. Merz on 10/23/2019. (MRM)
October 23, 2019 Filing 222 Unopposed MOTION for Extension of Time New date requested 11/15/2019. to File Objections to Magistrate's Supplemental Opinion and Recommendations by Petitioner Phillip Elmore. (Bottei, Paul)
October 23, 2019 Filing 221 NOTICE by Petitioner Phillip Elmore of Document Filed in State Post-Conviction Proceedings (Attachments: #1 Exhibit State's Supplement in Post-Conviction Proceedings) (Bottei, Paul)
October 18, 2019 Opinion or Order Filing 220 SUPPLEMENTAL OPINION AND RECOMMENDATIONS - Having reconsidered the matter as required by the Recommittal Order, the Magistrate Judge recommends that Elmore's Objections be overruled. Signed by Magistrate Judge Michael R. Merz on 10/18/2019. (kpf)
September 26, 2019 Filing 219 NOTICE of SUPPLEMENTAL AUTHORITIES IN SUPPORT OF PETITIONER ELMORE'S OBJECTIONS AND APPEAL OF MAGISTRATE ORDER ECF NO. 207by Petitioner Phillip Elmore (Bottei, Paul) Modified on 9/26/2019 (jlw). Modified on 9/26/2019 (jlw).
September 19, 2019 Filing 218 PETITIONER ELMORES REPLY TO THE WARDENS OPPOSITION TO ELMORES OBJECTIONS (ECF NO. 214) (kpf)
September 19, 2019 Opinion or Order Filing 217 Notation ORDER granting #216 Motion for Leave to File Reply. The Clerk shall detach the Reply and docket it separately.. Signed by Magistrate Judge Michael R. Merz on 09/19/2019. (MRM)
September 18, 2019 Filing 216 Unopposed MOTION for Leave to File Reply to Respondent's Opposition to Petitioner's Objections (ECF 212) to Order on Motions to Amend, to Stay, and for Evidentiary Hearing by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Reply to Respondent's Opposition To Objections) (Bottei, Paul)
September 12, 2019 Filing 215 NOTICE by Respondent Tim Shoop re #195 Objection (non motion), of Supplemental Authority (Maher, Stephen)
September 6, 2019 Filing 214 Response In Opposition To Elmore's Doc. 212 Objections to the Doc. 207 Decision and Order by Respondent Tim Shoop. (Maher, Stephen)
September 6, 2019 Opinion or Order Filing 213 RECOMMITTAL ORDER - This matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Chief Judge Edmund A. Sargus on 9/6/2019. (cmw)
August 30, 2019 Filing 212 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Petitioner Phillip Elmore re #207 Order on Motion to Amend/Correct, Order on Motion for Hearing, Order on Motion to Stay (Bottei, Paul)
August 15, 2019 Filing 211 Transcript of Proceedings held on July 24, 2019, before Magistrate Judge Michael R. Merz. Court Reporter/Transcriber Mary A. Schweinhagen, Telephone number 937-512-1604/mary_schweinhagen@ohsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 9/5/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/13/2019. (mas)
August 5, 2019 Opinion or Order Filing 210 Notation ORDER granting #209 Motion for Extension of Time to object to order denying motion to amend and motion to stay to and including August 30, 2019. Signed by Magistrate Judge Michael R. Merz on 08/05/2019. (MRM)
August 5, 2019 Filing 209 Unopposed MOTION for Extension of Time New date requested 8/30/2019. To File Objections To Order on Motions to Amend, to Stay, and for Evidentiary Hearing, ECF No. 207 by Petitioner Phillip Elmore. (Bottei, Paul)
August 2, 2019 Filing 208 NOTICE by Petitioner Phillip Elmore of Filing of State Post-Conviction Document (Attachments: #1 Exhibit Supplement To State's Response, State v. Elmore) (Bottei, Paul)
July 30, 2019 Opinion or Order Filing 207 DECISION AND ORDER ON MOTIONS TO AMEND AND STAY AND FOR EVIDENTIARY HEARING. Signed by Magistrate Judge Michael R. Merz on 7/30/2019. (kpf)
July 25, 2019 Filing 206 NOTICE by Petitioner Phillip Elmore of Filing of State Post-Conviction Documents (Attachments: #1 Exhibit Exhibit Cover and List, #2 Exhibit PC Ex. 1, Report and Affidavit of Daniel H. Grant, Ed.D., #3 Exhibit PC Ex. 2, Affidavit of Andrew Sanderson, Esq., #4 Exhibit PC Ex. 3, Affidavit of Brian Rigg, Esq., #5 Exhibit PC Ex. 4, Deposition of James Crates, #6 Exhibit PC Ex. 5, Deposition of Jeffrey Smalldon, Ph.D., #7 Exhibit PC Ex. 6, Affidavit of Jeffrey Smalldon, Ph.D., #8 Exhibit PC Ex. 7, Letter of Jeffrey Smalldon, Ph.D., #9 Exhibit PC Ex. 8, Deposition of Andrew Sanderson, Esq., #10 Exhibit PC Ex. 9, Deposition of Brian Rigg, Esq., #11 Exhibit PC Ex. 10, Physician's Orders for PET Scan and MRI, #12 Exhibit PC Ex. 11, Affidavit of Bob Stinson, Psy.D., #13 Exhibit PC Ex. 11A, Report of Bob Stinson, Psy.D., #14 Exhibit PC Ex. 11B, Curriculum Vitae, Bob Stinson, Psy.D., #15 Exhibit PC Ex. 12, Affidavit of Demetrius Elmore, #16 Exhibit PC Ex. 13, Franklin County Children Services Records, #17 Exhibit PC Ex. 14, WAIS-III Profile Page, #18 Exhibit PC Ex. 15, Columbus School Records of Phillip Elmore, #19 Exhibit PC Ex. 16, WRAT-3 Score Sheet, #20 Exhibit PC Ex. 17, Deposition of J. Michael King, Esq., #21 Exhibit PC Ex. 18, Motion for Expert Assistance, #22 Exhibit PC Ex. 19, Judgment Entry Denying Motion for Funds, #23 Exhibit PC Ex. 20, Trial Court Sentencing Opinion, #24 Exhibit PC Ex. 21, AAMR Manual (2002), #25 Exhibit PC Ex. 22, DSM-IV-TR (2000), #26 Exhibit PC Ex. 23, Motion for Funds for PET Scan, #27 Exhibit PC Ex. 24, Docket Entry, Denial of PET Scan, #28 Exhibit PC Ex. 25, WAIS-III Digit Span Score Sheet, #29 Exhibit PC Ex. 26, Affidavit of Ruben Gur, Ph.D., in Smith v. Carpenter, M.D. Tenn. No. 3:99-0731, #30 Exhibit State's Response to Petition for Post-Conviction Relief, #31 Exhibit Petitioner's Reply to Response to Petition for Post-Conviction Relief) (Bottei, Paul)
July 25, 2019 Opinion or Order Filing 205 ORDER REQUIRING FILING OF ALL DOCUMENTS FROM STATE COURT PROCEEDINGS - The Petitioner is ORDERED to file with this Court all documents relating to the State Court Petition filed or docketed on or after May 9, 2019, in the state court not later than 5:00 p.m. on Friday, July 26, 2019. Subsequent filings or docket entries occurring in the state court shall be filed here within two business days after filing or docketing in the state court. Signed by Magistrate Judge Michael R. Merz on 7/25/2019. (kpf)
July 24, 2019 Filing 204 Minute Entry for proceedings held before Magistrate Judge Michael R. Merz: Oral Argument heard from Petitioner's attorney Paul Bottei and Respondent's attorney Stephen Maher on 7/24/2019 regarding Petitioner Elmore's Motions for Evidentiary Hearing, to Stay and to Amend his Petition (ECF No. 175, 183 and 187). (Court Reporter: Mary Schweinhagen) (kpf)
July 23, 2019 Filing 203 NOTICE by Petitioner Phillip Elmore re #187 MOTION to Stay And Abate Federal Proceedings Pending Disposition Of Successive State Postconviction Petition, #175 MOTION to Amend/Correct #143 Amended Petition for Writ of Habeas Corpus Notice Of Supplemental Authority (Attachments: #1 Exhibit Pritchett v. Gentry, 2019 U.S.Dist.Lexis 101556 (D. Nev. June 17, 2019)) (Bottei, Paul)
July 23, 2019 Opinion or Order Filing 202 Notation ORDER - PLEASE NOTE the oral argument is rescheduled for 2:00 p.m. on Wednesday, July 24, 2019 in Courtroom 4, Fifth Floor, 200 W. Second Street, Dayton, Ohio 45402. TIME CHANGE ONLY. Signed by Magistrate Judge Michael R. Merz on 7/23/2019. (kpf)
July 16, 2019 Opinion or Order Filing 201 ORDER SETTING ORAL ARGUMENT - This case is scheduled for oral argument at 1:30 p.m. on Wednesday, July 24, 2019 in Courtroom 4, Fifth Floor, 200 W. Second Street, Dayton, Ohio 45402. Any request for continuance must comply with S. D. Ohio Civ. R. 7.3. Signed by Magistrate Judge Michael R. Merz on 7/16/2019. (kpf)
June 12, 2019 Opinion or Order Filing 200 Notation ORDER granting #199 Motion for Leave to File. Signed by Magistrate Judge Michael R. Merz on 6/12/2019. (MRM)
June 12, 2019 Filing 199 Unopposed MOTION for Leave to File Reply To Respondent's Response To Objections To Magistrate's Decision On Transport Order by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Petitioner's Reply To Respondent's Opposition To Objections To Magistrate's Order Regarding Petitioner's Requested Transport Order) (Bottei, Paul)
June 10, 2019 Filing 198 Response re #195 Objection (non motion), by Respondent Tim Shoop. (Maher, Stephen)
June 5, 2019 Filing 197 REPLY to Response to Motion re #187 MOTION to Stay And Abate Federal Proceedings Pending Disposition Of Successive State Postconviction Petition filed by Petitioner Phillip Elmore. (Bottei, Paul)
May 31, 2019 Filing 196 RESPONSE in Opposition re #187 MOTION to Stay And Abate Federal Proceedings Pending Disposition Of Successive State Postconviction Petition filed by Respondent Tim Shoop. (Maher, Stephen)
May 31, 2019 Filing 195 Objection re #192 Order, #174 Order, #172 Order on Motion for Miscellaneous Relief, #173 Objection to Magistrate Judge Orderre #172 Order on Motion for Miscellaneous Relief Denying Motion To Transport by Petitioner Phillip Elmore. (Bottei, Paul)
May 30, 2019 Filing 194 REPLY to Response to Motion re #183 MOTION for Hearing Motion For Evidentiary Hearing filed by Petitioner Phillip Elmore. (Attachments: #1 Exhibits In Support Of State Court Petition For Post-Conviction Relief) (Bottei, Paul)
May 24, 2019 Filing 193 REPLY to Response to Motion re #175 MOTION to Amend/Correct #143 Amended Petition for Writ of Habeas Corpus filed by Petitioner Phillip Elmore. (Bottei, Paul)
May 20, 2019 Filing 192 SUPPLEMENTAL OPINION ON MOTION TO TRANSPORT - It is respectfully recommended that Petitioner's Objections (ECF No. 173) should be OVERRULED, and the Motion to Transport (ECF No. 169) should be DENIED. Signed by Magistrate Judge Michael R. Merz on 5/20/2019. (kpf)
May 13, 2019 Opinion or Order Filing 191 Notation ORDER granting #190 Motion for Extension of Time to respond to Motion to Stay. Signed by Magistrate Judge Michael R. Merz on 05/13/2019. (MRM)
May 13, 2019 Filing 190 Unopposed MOTION for Extension of Time New date requested 6/14/2019. To Respond To Doc 187 Elmore Motion To Stay by Respondent Tim Shoop. (Maher, Stephen)
May 13, 2019 Set/Reset Deadlines as to #183 MOTION for Hearing Motion For Evidentiary Hearing. Replies due by 6/5/2019. (daf)
May 13, 2019 Set/Reset Deadlines as to #187 MOTION to Stay And Abate Federal Proceedings Pending Disposition Of Successive State Postconviction Petition. Responses due by 6/14/2019 (kpf)
May 10, 2019 Opinion or Order Filing 189 Notation ORDER granting #188 Motion for Extension of Time to File Response/Reply to and including June 5, 2019. Signed by Magistrate Judge Michael R. Merz on 05/10/2019. (MRM)
May 10, 2019 Filing 188 Unopposed MOTION for Extension of Time to File Response/Reply as to #183 MOTION for Hearing Motion For Evidentiary Hearing, #186 Response in Opposition to Motion, #175 MOTION to Amend/Correct #143 Amended Petition for Writ of Habeas Corpus New date requested 6/5/2019. by Petitioner Phillip Elmore. (Bottei, Paul)
May 10, 2019 Filing 187 MOTION to Stay And Abate Federal Proceedings Pending Disposition Of Successive State Postconviction Petition by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Petition for Postconviction Relief, Licking County Court of Common Pleas) (Bottei, Paul)
May 8, 2019 Filing 186 RESPONSE in Opposition re #183 MOTION for Hearing Motion For Evidentiary Hearing, #175 MOTION to Amend/Correct #143 Amended Petition for Writ of Habeas Corpus filed by Respondent Tim Shoop. (Attachments: #1 Appendix Comparison Chart of Proposed Amended Habeas Claims) (Maher, Stephen)
April 11, 2019 Set/Reset Deadlines as to #183 MOTION for Hearing Motion For Evidentiary Hearing, #175 MOTION to Amend/Correct #143 Amended Petition for Writ of Habeas Corpus . Responses due by 5/13/2019 (daf)
April 10, 2019 Opinion or Order Filing 185 Notation ORDER granting #184 Motion for Extension of Time to May 13, 2019. Signed by Magistrate Judge Michael R. Merz on 4/10/2019. (MRM)
April 10, 2019 Filing 184 Unopposed MOTION for Extension of Time New date requested 5/13/2019. To Respond To Doc. 175 and Doc. 183 by Respondent Tim Shoop. (Maher, Stephen)
April 3, 2019 Filing 183 MOTION for Hearing Motion For Evidentiary Hearing by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Declaration of Daniel Grant, Ed.D., #2 Exhibit WAIS-III Profile Page, #3 Exhibit Columbus School Records, #4 Exhibit WRAT-3 Score Sheet, #5 Exhibit Affidavit of Andrew Sanderson, Esq., #6 Exhibit AAMR Manual, 10th Edition (2002), #7 Exhibit DSM-IV-TR (2000), #8 Exhibit Deposition of Jeffrey Smalldon, Ph.D., #9 Exhibit Affidavit of Jeffrey Smalldon, Ph.D., #10 Exhibit Deposition of James Crates, #11 Exhibit Deposition of Brian Rigg, Esq., #12 Exhibit Affidavit of Brian Rigg, Esq., #13 Exhibit Depsition of Andrew Sanderson, Esq., #14 Exhibit Jeffrey Smalldon Letter, #15 Exhibit WAIS-III Digit Span Score Sheet, #16 Exhibit Affidavit of Ruben Gur, Ph.D., Smith v. Carpenter, M.D. Tenn. No. 99-731, #17 Exhibit Diagnostic Evaluation of Bob Stinson, Psy.D., J.D., #18 Exhibit Deposition of J. Michael King, Esq.) (Bottei, Paul)
March 26, 2019 Opinion or Order Filing 182 DECISION AND ORDER DENYING ON MOTION TO EXTEND TIME TO FILE MOTION FOR EVIDENTIARY HEARING #176 . Signed by Magistrate Judge Michael R. Merz on 3/26/2019. (kpf)
March 25, 2019 Opinion or Order Filing 181 Notation ORDER granting #180 Motion for Leave to File. Signed by Magistrate Judge Michael R. Merz on 3/25/2019. (MRM)
March 25, 2019 Filing 180 Unopposed MOTION for Leave to File Reply To Respondent's Response To Objections To Magistrate's Report by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Petitioner's Reply To Respondent's Response To Objections To Magistrate's Report) (Bottei, Paul)
March 25, 2019 Filing 179 REPLY to Response to Motion re #176 MOTION for Extension of Time New date requested 5/20/2019. Motion For Extension To File Motion For Evidentiary Hearing filed by Petitioner Phillip Elmore. (Bottei, Paul)
March 25, 2019 Filing 178 RESPONSE in Opposition re #176 MOTION for Extension of Time New date requested 5/20/2019. Motion For Extension To File Motion For Evidentiary Hearing filed by Respondent Tim Shoop. (Maher, Stephen)
March 25, 2019 Filing 177 Response re #173 Objection to Magistrate Judge Orderre #172 Order on Motion for Miscellaneous Relief Denying Motion To Transport In Opposition To The Objections by Respondent Tim Shoop. (Maher, Stephen)
March 25, 2019 Filing 176 MOTION for Extension of Time New date requested 5/20/2019. Motion For Extension To File Motion For Evidentiary Hearing by Petitioner Phillip Elmore. (Bottei, Paul)
March 25, 2019 Filing 175 MOTION to Amend/Correct #143 Amended Petition for Writ of Habeas Corpus by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Fourth Amended Petition For Writ Of Habeas Corpus) (Bottei, Paul)
March 20, 2019 Opinion or Order Filing 174 RECOMMITTAL ORDER - The District Judge has preliminary considered ECF No. #173 Objection to Magistrate Judge Order filed by Phillip Elmore and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. This matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Chief Judge Edmund A. Sargus on 3/20/2019. (cmw)
March 15, 2019 Filing 173 Objection to Magistrate Judge Orderre #172 Order on Motion for Miscellaneous Relief Denying Motion To Transport by Petitioner Phillip Elmore. (Bottei, Paul)
March 7, 2019 Opinion or Order Filing 172 DECISION AND ORDER DENYING MOTION TO TRANSPORT #169 . Signed by Magistrate Judge Michael R. Merz on 3/6/2019. (kpf)
March 5, 2019 Filing 171 Petitioner's BRIEF by Phillip Elmore In Support Of Motion To Transport And Produce. (Attachments: #1 Exhibit C.V. of Douglas Scharre M.D., #2 Exhibit Physician's Orders, #3 Exhibit Cone v. Bell, W.D.Tenn. No. 97-2312, R. 448-2, Report of Ruben Gur, Ph.D., #4 Exhibit Cone v. Bell, W.D.Tenn. No. 97-2312, R. 448-8, Report of Christos Davatzikos, Ph.D., #5 Exhibit Cone v. Bell, W.D.Tenn. No. 97-2312, R. 448-9, Report of Andrew Newberg, M.D.) (Bottei, Paul)
March 1, 2019 Opinion or Order Filing 170 ORDER FOR ADDITIONAL BRIEFING related to Petitioner's Motion to Transport (ECF No. 169). Signed by Magistrate Judge Michael R. Merz on 3/1/2019. (kpf)
February 28, 2019 Filing 169 MOTION Motion To Transport by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Cone v. Bell, W.D. Tenn. No. 97-2312, R. 448-2, Report of Ruben Gur, Ph.D., #2 Exhibit Cone v. Bell, W.D. Tenn. No. 97-2312, R. 448-8, Report of Christos Davatzikos, Ph.D., #3 Exhibit Cone v. Bell, W.D. Tenn. No. 97-2312, R. 448-9, Report of Andrew Newberg, M.D., #4 Exhibit Morris v. Colson, W.D. Tenn. No. 07-1084, R. 50-8, PET, MRI Images, #5 Exhibit Morris v. Colson, W.D. Tenn. No. 07-1084, R. 50-12, Report of Ruben Gur, Ph.D., #6 Exhibit Hall v. Carpenter, W.D. Tenn. No. 05-1199, R. 102-35, Report of Ruben Gur, Ph.D., #7 Exhibit Hall v. Carpenter, W.D. Tenn. No. 05-1199, R. 102-36, PET Images) (Bottei, Paul)
February 28, 2019 Opinion or Order Filing 168 ORDER DENYING LEAVE T0 FILE UNDER SEAL #165 . Signed by Magistrate Judge Michael R. Merz on 2/27/2019. (kpf)
February 27, 2019 Filing 167 REPLY to Response to Motion re #165 MOTION to File Document Under Seal filed by Petitioner Phillip Elmore. (Bottei, Paul)
February 27, 2019 Filing 166 RESPONSE in Opposition re #165 MOTION to File Document Under Seal filed by Respondent Marc C Houk. (Maher, Stephen)
February 27, 2019 Filing 165 MOTION to File Document Under Seal by Petitioner Phillip Elmore. (Bottei, Paul)
February 27, 2019 Filing 164 MOTION Change Named Respondent by Petitioner Phillip Elmore. (Bottei, Paul)
February 27, 2019 Opinion or Order Notation ORDER granting Motion to Change Named Respondent by Petitioner Phillip Elmore #164 . Signed by Magistrate Judge Michael R. Merz on 2/27/2019. (kpf)
February 12, 2019 Opinion or Order Filing 163 Notation ORDER granting #162 Motion for Extension of Time to file motion for evidentiary hearing to and including April 3, 2019. Signed by Magistrate Judge Michael R. Merz on 02/12/2019. (MRM)
February 12, 2019 Filing 162 Second MOTION for Extension of Time New date requested 4/3/2019. Motion For Extension Of Time To File Motion For Evidentiary Hearing by Petitioner Phillip Elmore. (Attachments: #1 Text of Proposed Order) (Bottei, Paul)
November 16, 2018 Opinion or Order Filing 161 ORDER SUBSTITUTING COUNSEL - Motion to Appoint Counsel #151 is well taken. The Court accepts the appearance of Assistant Federal Public Defender David C. Stebbins as trial counsel for Petitioner in this matter in place of Mr. Lazarow. Signed by Magistrate Judge Michael R. Merz on 11/16/2018. (kpf)
November 8, 2018 Opinion or Order Filing 160 Notation ORDER granting #159 Motion for Extension of Time to and including March 4, 2019, to file a motion for an evidentiary hearing. Signed by Magistrate Judge Michael R. Merz on 11/08/2018. (MRM)
November 8, 2018 Filing 159 Unopposed MOTION for Extension of Time New date requested 3/4/2019. Motion For Extension Of Time To File Motion For Evidentiary Hearing by Petitioner Phillip Elmore. (Attachments: #1 Text of Proposed Order) (Bottei, Paul)
November 8, 2018 Filing 158 NOTICE of Substitution of Counsel - Paul Rudolph Bottei substituting for David Stebbins as to Petitioner Phillip Elmore. (Bottei, Paul)
October 29, 2018 Opinion or Order Filing 157 ORDER granting 156 Sealed Motion to supplement the budget to include the final work of appointed counsel. Signed by Chief Judge Edmund A. Sargus on 10/1/2018. Signed by Judge Bernice Bouie Donald 10/10/2018 (cmw)
September 13, 2018 Filing 155 MOTION to File Document Under Seal Motion to Supplement Budget by Petitioner Phillip Elmore. (Lazarow, William)
September 13, 2018 Opinion or Order Notation ORDER granting #155 Motion to File Document Under Seal. Signed by Magistrate Judge Michael R. Merz on 9/13/2018. (kpf)
August 15, 2018 Opinion or Order Filing 154 Notation ORDER granting in part and denying in part #152 Motion for Extension of Time to file motion for evidentiary hearing: time extended to and including December 1, 2018. Signed by Magistrate Judge Michael R. Merz on 08/15/2018. (MRM)
August 14, 2018 Filing 153 NOTICE of Appearance by Julie C. Roberts for Petitioner Phillip Elmore (Roberts, Julie)
August 14, 2018 Filing 152 MOTION for Extension of Time New date requested 3/20/2019. by Petitioner Phillip Elmore. (Stebbins, David)
August 9, 2018 Filing 151 MOTION to Appoint Counsel by Petitioner Phillip Elmore. (Stebbins, David)
August 7, 2018 Filing 150 NOTICE by Petitioner Phillip Elmore of Substitution of Counsel (Lazarow, William)
July 11, 2018 Opinion or Order Filing 149 Notation ORDER granting #148 unopposed Motion for Extension of Time to file motion for an evidentiary hearing. Signed by Magistrate Judge Michael R. Merz on 7/11/2018. (MRM)
July 11, 2018 Filing 148 MOTION for Extension of Time New date requested 8/20/2018. to file Motion for Evidentiary Hearing by Petitioner Phillip Elmore. (Lazarow, William)
July 6, 2018 Filing 147 NOTICE by Petitioner Phillip Elmore of Withdrawal of Co-Counsel Kathleen McGarry (Lazarow, William)
June 4, 2018 Filing 146 REPLY to Respondent's Answer by Petitioner Phillip Elmore. (McGarry, Kathleen)
May 24, 2018 Filing 145 NOTICE by Petitioner Phillip Elmore of Resubmission of Supplemental District Court Appendix for the ECF Docket (Attachments: #1 Appendix State Court Record (Part 1 of 3), #2 Appendix State Court Record (Part 2 of 3), #3 Appendix State Court Record (Part 3 of 3)) (Lazarow, William)
April 18, 2018 Filing 144 RETURN of Writ re #143 Amended Petition for Writ of Habeas Corpus by Respondent Marc C Houk. (Maher, Stephen)
March 1, 2018 Filing 143 AMENDED Petition for Writ of Habeas Corpus Corrected Third, filed by Phillip Elmore. (Lazarow, William)
February 5, 2018 Opinion or Order Filing 142 ORDER TO FILE CORRECTED THIRD AMENDED PETITION - The non-complying Third Amended Petition (ECF No. 140) is STRICKEN. Petitioner shall file a complying Third Amended Petition not later than March 1, 2018. Signed by Magistrate Judge Michael R. Merz on 2/5/2018. (kpf)
February 1, 2018 Filing 141 NOTICE by Petitioner Phillip Elmore re #140 Amended Petition for Writ of Habeas Corpus (McGarry, Kathleen)
February 1, 2018 Filing 140 ***STRICKEN PER #142 ) AMENDED Petition for Writ of Habeas Corpus -Third Amendment, filed by Phillip Elmore. (McGarry, Kathleen) Modified on 2/5/2018 (kpf).
January 8, 2018 Filing 139 NOTICE by Respondent Marc C Houk re #38 Notice (Other) Of The Resubmission of the Pre-Abeyance State Court Record For The ECF Docket (Attachments: #1 Appendix State court record part 1 of 17, #2 Appendix State court record part 2 of 17, #3 Appendix State court record part 3 of 17, #4 Appendix State court record part 4 of 17, #5 Appendix State court record part 5 of 17, #6 Appendix State court record part 6 of 17, #7 Appendix State court record part 7 of 17, #8 Appendix State court record part 8 of 17, #9 Appendix State court record part 9 of 17, #10 Appendix State court record part 10 of 17, #11 Appendix State court record part 11 of 17, #12 Appendix State court record part 12 of 17, #13 Appendix State court record part 13 of 17, #14 Appendix State court record part 14 of 17, #15 Appendix State court record part 15 of 17, #16 Appendix State court record part 16 of 17, #17 Appendix State court record part 17 of 17) (Maher, Stephen)
January 8, 2018 Filing 138 NOTICE by Respondent Marc C Houk re #38 Notice (Other) Of The Resubmission of the October 2003 Trial Transcripts for the ECF Docket (Attachments: #1 Appendix 2003 State Trial Transcripts Part 1 of 3, #2 Appendix 2003 State Trial Transcripts Part 2 of 3, #3 Appendix 2003 State Trial Transcripts Part 3 of 3) (Maher, Stephen)
December 29, 2017 Opinion or Order Filing 137 DECISION AND ORDER GRANTING PETITIONERS MOTION TO EXPAND THE RECORD AND GRANTING IN PART PETITIONERS RENEWED MOTION TO AMEND CLAIMS 6 AND 10 OF HIS HABEAS CORPUS PETITION- For the foregoing reasons, Petitioners Renewed Motion to Amend Claims Six and Ten of his Habeas Corpus Petition is GRANTED in part and DENIED in part, as set forth above; and Petitioners Motion to Expand the Record is conditionally GRANTED, as set forth above. Petitioner shall file a Third Amended Petition consistent with this Decision not later than February 1, 2018. Signed by Magistrate Judge Michael R. Merz on 12/29/17. (kma)
May 31, 2017 Filing 136 NOTICE by Respondent Marc C Houk of Termination of Counsel (Maher, Stephen)
March 30, 2017 Filing 135 REPLY to Response to Motion re #132 MOTION for Order to Expand the Record, #133 MOTION to Amend/Correct Claims 6 and 10 of his Habeas Corpus Petition filed by Petitioner Phillip Elmore. (Lazarow, William)
March 16, 2017 Filing 134 RESPONSE in Opposition re #132 MOTION for Order to Expand the Record, #133 MOTION to Amend/Correct Claims 6 and 10 of his Habeas Corpus Petition filed by Respondent Marc C Houk. (Maher, Stephen)
March 1, 2017 Filing 133 MOTION to Amend/Correct Claims 6 and 10 of his Habeas Corpus Petition by Petitioner Phillip Elmore. (Lazarow, William)
March 1, 2017 Filing 132 MOTION for Order to Expand the Record by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Deposition of J. Michael King, #2 Exhibit Deposition of Andrew T. Sanderson, #3 Exhibit Deposition of Brian Rigg, #4 Exhibit Deposition of Shanda M. Behrens, #5 Exhibit Deposition of Matthew V. Sauer, #6 Exhibit Deposition of James F. Crates (Part 1), #7 Exhibit Deposition of James F. Crates (Part 2), #8 Exhibit Deposition of Jeffrey Smalldon, #9 Exhibit Deposition of Keith A. Yeazel, #10 Exhibit Deposition of W. Joseph Edwards) (Lazarow, William)
January 19, 2017 Opinion or Order Notation ORDER granting Petitioner's #131 Motion for Extension of Time to File Renewed Motion to Amend and Motion to Expand Record. Signed by Magistrate Judge Michael R. Merz on 1/19/2017. (kpf)
January 18, 2017 Filing 131 MOTION for Extension of Time to File New date requested 3/1/2017. Renewed Motion to Amend and Motion to Expand Record by Petitioner Phillip Elmore. (Lazarow, William)
January 3, 2017 Opinion or Order Filing 130 ORDER: Case reassigned to Chief Judge Edmund A. Sargus for all further proceedings. (sct)
January 3, 2017 Opinion or Order Filing 129 ORDER REASSIGNING CASE. Case reassigned to Judge Unassigned for all further proceedings. Judge Sandra S Beckwith no longer assigned to case. Signed by Judge Sandra S. Beckwith on 1/3/17. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 30, 2016 Opinion or Order Filing 128 DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION FOR LEAVE TO AMEND #125 . Signed by Magistrate Judge Michael R. Merz on 12/30/2016. (kpf)
November 22, 2016 Filing 127 REPLY to Response to Motion re #125 MOTION to Amend/Correct #77 Amended Petition for Writ of Habeas Corpus filed by Petitioner Phillip Elmore. (Lazarow, William)
November 8, 2016 Filing 126 RESPONSE in Opposition re #125 MOTION to Amend/Correct #77 Amended Petition for Writ of Habeas Corpus filed by Respondent Marc C Houk. (Maher, Stephen)
October 31, 2016 Filing 125 MOTION to Amend/Correct #77 Amended Petition for Writ of Habeas Corpus by Petitioner Phillip Elmore. Responses due by 11/25/2016 (Attachments: #1 Exhibit Third Amended Petition for Writ of Habeas Corpus) (Lazarow, William)
September 1, 2016 Filing 124 NOTICE by Petitioner Phillip Elmore pursuant to grant of Protective Order (Lazarow, William)
August 22, 2016 Opinion or Order Filing 123 DECISION AND ORDER GRANTING PETITIONER'S MOTIONFOR A PROTECTIVE ORDER #117 . Signed by Magistrate Judge Michael R. Merz on 8/22/2016. (kpf)
August 18, 2016 Opinion or Order Notation ORDER granting #122 Motion for Extension of Time to Amend to and including October 31, 2016. Signed by Magistrate Judge Michael R. Merz on 8/18/2017. (MRM)
August 17, 2016 Filing 122 MOTION for Extension of Time to Amend #77 Amended Petition for Writ of Habeas Corpus New date requested 10/31/2016. by Petitioner Phillip Elmore. Responses due by 9/12/2016 (Lazarow, William)
July 1, 2016 Filing 121 NOTICE by Respondent Marc C Houk re Order on Motion for Extension of Time, #115 Order The Warden's Notice of Supplement to the State Court Record (Attachments: #1 Appendix Apx 1, #2 Appendix Apx 2, #3 Appendix Apx 3, #4 Appendix Apx 4, #5 Appendix Apx 5, #6 Appendix Apx 6, #7 Appendix Apx 7, #8 Appendix Apx 8, #9 Appendix Apx 9, #10 Appendix Apx 10, #11 Appendix Apx 11, #12 Appendix Apx 12, #13 Appendix Apx 13, #14 Appendix Transcript 1, #15 Appendix Transcript 2) (Maher, Stephen)
June 10, 2016 Filing 120 REPLY to Response to Motion re #117 Amended MOTION for Protective Order J. Michael King's Trial File filed by Petitioner Phillip Elmore. (Lazarow, William)
June 4, 2016 Opinion or Order Notation ORDER - Petitioner shall file any reply to the warden's response on the motion for protective order not alter than June 10, 2016. Signed by Magistrate Judge Michael R. Merz on 6/4/2016. (MRM)
June 3, 2016 Filing 119 RESPONSE to Motion re #117 Amended MOTION for Protective Order J. Michael King's Trial File filed by Respondent Marc C Houk. (Maher, Stephen)
May 26, 2016 Filing 118 Unopposed MOTION for Extension of Time New date requested 7/1/2016. by Respondent Marc C Houk. Responses due by 6/20/2016 (Maher, Stephen)
May 26, 2016 Opinion or Order Notation ORDER granting #118 Motion for Extension of Time to and including July 1, 2016, to file supplemental state record. Signed by Magistrate Judge Michael R. Merz on 5/26/2016. (MRM)
May 23, 2016 Filing 117 Amended MOTION for Protective Order J. Michael King's Trial File by Petitioner Phillip Elmore. Responses due by 6/13/2016 (Lazarow, William)
May 23, 2016 Filing 116 MOTION for Protective Order J. Michael King's Trial File by Petitioner Phillip Elmore. Responses due by 6/13/2016 (Lazarow, William)
May 23, 2016 Opinion or Order Notation ORDER finding as moot #116 Motion for Protective Order in light of the filing of an amended motion. The Court would also note that the caption of future filings should reflect that District Judge Beckwith is no longer the Chief District Judge and Magistrate Judge Merz is no longer the Chief Magistrate Judge. Signed by Magistrate Judge Michael R. Merz on 5/23/2016. (MRM)
May 2, 2016 Opinion or Order Filing 115 SCHEDULING ORDER - The Court re-sets deadlines in accordance with the Joint Proposed Scheduling Order of the parties (ECF No. 114). Signed by Magistrate Judge Michael R. Merz on 4/30/2016. (kpf)
April 29, 2016 Filing 114 Proposed Pretrial Order Joint Scheduling by Petitioner Phillip Elmore, Defendant Marc C. Houk. (Lazarow, William) Modified to include defendant as filer on 5/2/2016 (eh).
March 24, 2016 Filing 113 MOTION for Extension of Time to File New date requested 5/2/2016. by Petitioner Phillip Elmore. Responses due by 4/18/2016 (Lazarow, William)
March 24, 2016 Opinion or Order Filing 112 ORDER DISSOLVING STAY - The stay herein is DISSOLVED and this case is returned to the active docket. Petitioner's counsel are reminded of their deadline for a motion for protective order of twenty days from today's date (April 13, 2016)(See ECF No. 106). Counsel for the parties shall confer and file with the Court a proposed schedule for adjudication of this case not later than April 4, 2016. Proposed deadlines from both parties shall be included in the same document. That is, there shall be a jointly filed document, whether or not there is complete consensus on dates for deadlines. Signed by Magistrate Judge Michael R. Merz on 3/24/2016. (kpf)
March 24, 2016 Opinion or Order Notation ORDER granting #113 Joint Motion for Extension of Time to File proposed schedule to and including May 2, 2016. Petitioner's motion for protective order, if any, shall be filed not later than May 23, 2016. Signed by Magistrate Judge Michael R. Merz on 3/24/2016. (MRM)
March 23, 2016 Filing 111 NOTICE by Respondent Marc C Houk re Order on Motion to Stay, Regarding Termination Of State Litigation (Attachments: #1 Appendix OSC Case Disposition Notice 03-23-16) (Maher, Stephen)
February 29, 2016 Filing 110 STATUS REPORT Twenty-Third by Petitioner Phillip Elmore. (Lazarow, William)
December 29, 2015 Filing 109 STATUS REPORT Twenty-Second by Petitioner Phillip Elmore. (Lazarow, William)
October 30, 2015 Filing 108 STATUS REPORT Twenty-First by Petitioner Phillip Elmore. (Lazarow, William)
October 19, 2015 Opinion or Order Filing 106 NOTICE TO THE PARTIES - In the expectation that the Ohio Supreme Court may shortly decide the case and to complete the docket, the Court has caused Petitioner's Privilege Log to be filed (ECF No. 105) and has directed that Mr. King's file be uploaded to the CM/ECF system under seal (Expected ECF No. 107). If the Petitioner continues to seek privilege protection for those items in Mr. King's file as to which privilege was asserted in the Log, Petitioner shall file a motion for protective order not later than twenty days after the stay of these proceedings is dissolved. Pursuant to the Magistrate Judge's Standing Order on citation reference, all pages references in such motion (and indeed in all future filings in the case) shall be to the PageID number supplied by the CM/ECF system upon filing. Signed by Magistrate Judge Michael R. Merz on 10/19/2015. (kpf)
October 19, 2015 Filing 105 Elmore's Privilege Log for Trial Counsel J. Michael King's Trial File - filed nunc pro tunc 5/16/2011. (kpf)
August 31, 2015 Filing 104 STATUS REPORT Twentieth by Petitioner Phillip Elmore. (Lazarow, William)
July 2, 2015 Filing 103 STATUS REPORT Nineteenth by Petitioner Phillip Elmore. (Lazarow, William)
May 4, 2015 Filing 102 STATUS REPORT Eighteenth by Petitioner Phillip Elmore. (Lazarow, William)
March 3, 2015 Filing 101 STATUS REPORT Seventeenth by Petitioner Phillip Elmore. (Lazarow, William)
January 2, 2015 Filing 100 STATUS REPORT Sixteenth by Petitioner Phillip Elmore. (Lazarow, William)
November 3, 2014 Filing 99 STATUS REPORT Fifteenth by Petitioner Phillip Elmore. (Lazarow, William)
September 3, 2014 Filing 98 STATUS REPORT Fourteenth by Petitioner Phillip Elmore. (McGarry, Kathleen)
July 7, 2014 Filing 97 STATUS REPORT Thirteenth by Petitioner Phillip Elmore. (Lazarow, William)
June 26, 2014 Filing 96 Amended MOTION for Attorney Fees Expenses to Exceed $300.00 for Oral Argument by Petitioner Phillip Elmore. (McGarry, Kathleen)
June 26, 2014 Opinion or Order Notation ORDER granting #96 Motion for Attorney Fees. Signed by Magistrate Judge Michael R Merz on 6/26/2014. (mrm0)
June 26, 2014 Opinion or Order Notation ORDER finding as moot #95 Motion for Attorney Fees because an amended motion has been filed. Signed by Magistrate Judge Michael R Merz on 6/26/2014. (mrm0)
June 21, 2014 Filing 95 MOTION for Attorney Fees Expenses to Exceed $300.00 for Oral Argument by Petitioner Phillip Elmore. (McGarry, Kathleen)
May 15, 2014 CJA 30: Authorization to Pay Attorney William Lazarow in Death Penalty Proceedings Voucher # 11. Signed by Magistrate Judge Michael R Merz on 5/13/2014. (kpf1)
May 6, 2014 Filing 94 STATUS REPORT Twelfth by Petitioner Phillip Elmore. (Lazarow, William)
March 21, 2014 CJA 30: Authorization to Pay Kathleen McGarry in Death Penalty Proceedings Voucher # 9. Signed by Magistrate Judge Michael R Merz on 3/21/2014. (kpf1)
March 7, 2014 Filing 93 STATUS REPORT Eleventh by Petitioner Phillip Elmore. (Lazarow, William)
January 6, 2014 Filing 92 STATUS REPORT Tenth by Petitioner Phillip Elmore. (Lazarow, William)
November 5, 2013 Filing 91 STATUS REPORT Ninth by Petitioner Phillip Elmore. (Lazarow, William)
October 24, 2013 CJA 30: Authorization to Pay Kathleen McGarry in Death Penalty Proceedings Voucher # 8.. Signed by Magistrate Judge Michael R Merz on 10/23/2013. (kpf1)
September 6, 2013 Filing 90 STATUS REPORT Eighth by Petitioner Phillip Elmore. (Lazarow, William)
September 5, 2013 Filing 89 NOTICE by Respondent Marc C Houk Of State Court Decision (Attachments: #1 Appendix State Trial Court Order Denying New Trial 08-30-13) (Maher, Stephen)
August 22, 2013 CJA 30: Authorization to Pay Attorney Kathleen McGarry in Death Penalty Proceedings Interim Voucher # 7. Signed by Magistrate Judge Michael R Merz on 8/21/2013. (kpf1)
August 22, 2013 CJA 30: Authorization to Pay ATTORNEY WILLIAM LAZAROW in Death Penalty Proceedings Voucher # INTERIM PAYMENT #9. Signed by Magistrate Judge Michael R Merz on 8/21/2013. (kpf1)
July 12, 2013 Filing 88 STATUS REPORT Seventh by Petitioner Phillip Elmore. (Lazarow, William)
May 13, 2013 Filing 86 STATUS REPORT Sixth by Petitioner Phillip Elmore. (Lazarow, William)
March 29, 2013 CJA 30: Authorization to Pay Kathleen McGarry in Death Penalty Proceedings Voucher # 7.. Signed by Magistrate Judge Michael R Merz on 3/29/2013. (kpf1)
March 29, 2013 CJA 30: Authorization to Pay William Lazarow in Death Penalty Proceedings Voucher # 9. Signed by Magistrate Judge Michael R Merz on 3/29/2013. (kpf1)
March 12, 2013 Filing 84 STATUS REPORT Fifth by Petitioner Phillip Elmore. (Lazarow, William)
February 4, 2013 Filing 83 MOTION for Attorney Fees to exceed $300.00 in Expenses by Petitioner Phillip Elmore. (McGarry, Kathleen)
February 4, 2013 Opinion or Order Notation ORDER granting #83 Motion for Attorney Fees (travel expenses). Signed by Magistrate Judge Michael R Merz on 2/4/2013. (mrm0)
January 11, 2013 Filing 82 STATUS REPORT Fourth by Petitioner Phillip Elmore. (Lazarow, William)
November 13, 2012 Opinion or Order Notation ORDER granting #81 Motion for Attorney Fees. Signed by Magistrate Judge Michael R Merz on 11/13/2012. (mrm0)
November 12, 2012 Filing 81 MOTION for Attorney Fees to Exceed $300 in costs by Petitioner Phillip Elmore. (McGarry, Kathleen)
November 12, 2012 Filing 80 STATUS REPORT THIRD by Petitioner Phillip Elmore. (McGarry, Kathleen)
September 26, 2012 Opinion or Order Notation ORDER granting #78 Motion to Stay pending exhaustion of claims now pending in the Licking County Common Please Court and any appeals. Counsel shall keep this Court currently notified of the status of these proceedings. Signed by Magistrate Judge Michael R Merz on 9/26/2012. (mrm0)
September 25, 2012 Filing 79 RESPONSE to Motion re #78 MOTION to Stay re #77 Amended Petition for Writ of Habeas Corpus Second Stating No Opposition filed by Respondent Marc C Houk. (Maher, Stephen)
September 25, 2012 Filing 78 MOTION to Stay re #77 Amended Petition for Writ of Habeas Corpus Second by Petitioner Phillip Elmore. (Attachments: #1 Exhibit 1) (Lazarow, William)
September 25, 2012 Filing 77 AMENDED Petition for Writ of Habeas Corpus Second, filed by Phillip Elmore. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G) (Lazarow, William)
September 14, 2012 Filing 76 STATUS REPORT Second by Petitioner Phillip Elmore. (Lazarow, William)
September 14, 2012 Opinion or Order Filing 75 DECISION AND ORDER - It is ORDERED: 1. The Motion to Amend (Doc. No. 61) is GRANTED. Petitioner shall file an amended petition embodying the new claim forthwith. Respondent's duty to respond is postponed pending exhaustion of the new claim in the Ohio courts. 2. The Motion to Stay (Doc. No. 62) is GRANTED IN PART AND DENIED IN PART. No further proceedings will be held in this Court on the new claim until exhaustion of that claim in the Ohio courts. Although this Court cannot reach a final decision on this case until all claims have been exhausted, Petitioner has not yet shown good cause for staying proceedings here unrelated to the new claim. Therefore if Petitioner wishes to have all proceedings in this Court stayed, he must file a new motion to that effect. 3. The parties are ordered to keep this Court currently advised of the status of the state court proceedings. Signed by Magistrate Judge Michael R Merz on 9/14/2012. (kpf1)
August 1, 2012 Filing 74 Supplemental Memorandum Supporting re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus by Petitioner Phillip Elmore. (Attachments: #1 Exhibit 1) (Lazarow, William) Modified to create link to doc. 61 on 8/2/2012 (eh1).
July 18, 2012 Filing 73 Supplemental Memorandum Opposing re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus On The Impact Of Lafler and Frye filed by Respondent Marc C Houk. (Maher, Stephen)
July 16, 2012 Filing 72 STATUS REPORT Pursuant to Court Order by Petitioner Phillip Elmore. (Lazarow, William)
July 16, 2012 Opinion or Order Filing 71 ORDER FOR STATUS REPORT - Now that the Supreme Court has rendered judgment, it is hereby ORDERED that the parties file memoranda on the impact of these cases on the instant case not later than August 1, 2012. Accordingly, it is hereby ORDERED that the parties forthwith file a status report on the Common Pleas proceedings. Signed by Magistrate Judge Michael R Merz on 07/16/2012. (kf)
January 19, 2012 Filing 70 REPLY to Response to Motion re #62 MOTION to Stay re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus filed by Petitioner Phillip Elmore. (Lazarow, William)
January 19, 2012 Filing 69 REPLY to Response to Motion re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus filed by Petitioner Phillip Elmore. (Lazarow, William)
December 20, 2011 Opinion or Order Notation ORDER granting #63 Motion to Expand Appointment of counsel, there being no opposition from Respondent and the time for opposition having expired. Signed by Magistrate Judge Michael R Merz on 12/20/2011. (mrm0)
December 19, 2011 Filing 68 First MOTION for Extension of Time to File Response/Reply as to Motion to Amend #61 and Motion to Stay #62 by Petitioner Phillip Elmore. New date requested 1/23/2012. In regard to (Lazarow, William) Modified to correct docket text on 12/20/2011 (lk).
December 19, 2011 Opinion or Order Notation ORDER granting #68 Motion for Extension of Time to File Response/Reply re #62 MOTION to Stay re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus , #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus Replies due by 1/23/2012.. Signed by Magistrate Judge Michael R Merz on 12/19/2011. (mrm0)
December 9, 2011 Filing 67 RESPONSE in Opposition re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus , #62 MOTION to Stay re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus filed by Respondent Marc C Houk. (Maher, Stephen)
November 7, 2011 Filing 66 Unopposed MOTION for Extension of Time New date requested 12/10/2011. by Respondent Marc C Houk. (Maher, Stephen)
November 7, 2011 Opinion or Order Notation ORDER granting #66 Motion for Extension of Time to 12/10/2011 to respond to presently pending motions to amend and to stay. Signed by Magistrate Judge Michael R Merz on 11/7/2011. (mrm0)
October 7, 2011 Filing 65 NOTICE by Petitioner Phillip Elmore re #62 MOTION to Stay re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus Notice of State Court Proceedings (Attachments: #1 Exhibit Joint Motion and Order to Stay Proceedings) (McGarry, Kathleen)
October 7, 2011 Filing 64 Unopposed MOTION for Extension of Time New date requested 11/10/2011. To Respond To Motions To Amend And Stay And Abey by Respondent Marc C Houk. (Maher, Stephen)
October 7, 2011 Opinion or Order Notation ORDER granting #64 Motion for Extension of Time to and including November 10, 2011. Signed by Magistrate Judge Michael R Merz on 10/7/2011. (mrm0)
September 21, 2011 Filing 63 MOTION to Appoint Counsel , to Expand Appointment pursuant to Harbison v Bell by Petitioner Phillip Elmore. (McGarry, Kathleen)
September 19, 2011 Filing 62 MOTION to Stay re #61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus by Petitioner Phillip Elmore. (Attachments: #1 Exhibit 1, Motion for Leave to File Motion for New Trial, #2 Exhibit 2, Notice of Hearing) (Lazarow, William)
September 19, 2011 Filing 61 MOTION to Amend/Correct #35 Amended Petition for Writ of Habeas Corpus by Petitioner Phillip Elmore. (Attachments: #1 Exhibit Exh. A, Proposed Claim No. XVII, #2 Exhibit Exh. B, Oswalt Letter to Disciplinary Counsel, #3 Affidavit Exh. C, Affidavit of Leigh Ann Bayer, #4 Exhibit Exh. D, Deposition of J. Michael King, #5 Exhibit Exh. E, Deposition of Brian Rigg, #6 Exhibit Exh. F, Deposition of Andrew T. Sanderson, #7 Exhibit Exh. G, Deposition of Shanda M. Behrens) (Lazarow, William)
September 6, 2011 Opinion or Order Notation ORDER granting 60 Sealed Motion with fee limit of $7,500. Signed by Magistrate Judge Michael R Merz on 9/6/2011. (mrm0)
July 28, 2011 Opinion or Order Notation ORDER granting #59 Motion for Leave to File under seal and ex parte. Signed by Magistrate Judge Michael R Merz on 7/28/2011. (mrm0)
July 26, 2011 Filing 59 MOTION for Leave to File to File Document Under Seal by Petitioner Phillip Elmore. (McGarry, Kathleen)
June 9, 2011 CJA 30: Authorization to Pay Attorney Kathleen McGarry Interim #7 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 6/9/2011. (gh1)
June 9, 2011 CJA 30: Authorization to Pay Attorney William Lazarow Interim #7 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 6/9/2011. (gh1)
March 9, 2011 Filing 58 NOTICE by Respondent Marc C Houk re #53 Order on Motion for Discovery, Order on Motion for Discovery Of Manual Filing Of Discovery Depositions (Maher, Stephen)
February 23, 2011 Minute Entry for proceedings held before Magistrate Judge Michael R Merz: Telephone Conference held on 2/23/2011 and participated by Attorneys Bill Lazarow and Kathleen McGarry for Petitioner and Attorney Stephen Maher for Respondent. (kpf1)
February 22, 2011 Opinion or Order Notation ORDER granting Petitioner's #56 Motion to allow Petitioner to take the deposition of attorney Shanda Behrens. Signed by Magistrate Judge Michael R Merz on 2/22/2011. (kpf1)
February 19, 2011 Filing 56 MOTION for Discovery to expand discovery by Petitioner Phillip Elmore. (McGarry, Kathleen)
February 4, 2011 CJA 30: Authorization to Pay Attorney William Lazarow Interim Voucher #5 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 2/4/2011. (gh1)
February 4, 2011 CJA 30: Authorization to Pay Attorney William Lazarow Interim Voucher #4 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 2/4/2011. (gh1)
February 4, 2011 CJA 30: Authorization to Pay Attorney Kate McGarry Interim voucher in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 2/4/2011. (gh1)
February 4, 2011 CJA 30: Authorization to Pay Attorney William Lazarow Interim Voucher #6 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 2/4/2011. (gh1)
February 4, 2011 CJA 30: Authorization to Pay Attorney Kate McGarry Interim voucher #6 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 2/4/2011. (gh1)
February 4, 2011 CJA 30: Authorization to Pay Attorney Kate McGarry Interim voucher #5 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 2/4/2011. (gh1)
February 4, 2011 CJA 30: Authorization to Pay Attorney Kate McGarry Interim voucher #4 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 2/4/2011. (gh1)
February 3, 2011 Filing 54 MOTION for Attorney Fees permission to exceed $300.00 in costs by Petitioner Phillip Elmore. (McGarry, Kathleen)
February 3, 2011 Opinion or Order Notation ORDER granting #54 Motion for expenses to exceed $300. Signed by Magistrate Judge Michael R Merz on 2/3/2011. (mrm0) Modified to edit text on 2/4/2011 (mr1).
December 10, 2010 Opinion or Order Filing 53 ORDER granting in part and denying in part #48 Motion for Discovery. Discovery cut-off set for 2/28/2011. Signed by Magistrate Judge Michael R Merz on 12/10/2010. (mrm0)
December 7, 2010 MOTIONS REFERRED to Judge Michael R. Merz: #48 First MOTION for Discovery (kpf1)
December 1, 2010 Filing 52 REPLY to Response to Motion re #48 First MOTION for Discovery filed by Petitioner Phillip Elmore. (Lazarow, William)
November 17, 2010 Filing 51 RESPONSE in Opposition re #48 First MOTION for Discovery filed by Respondent Marc C Houk. (Maher, Stephen)
November 16, 2010 Filing 50 MOTION for Reconsideration re #49 Order on Motion for Discovery,, by Petitioner Phillip Elmore. (Attachments: #1 Exhibit) (McGarry, Kathleen)
November 16, 2010 Opinion or Order Filing 49 ORDER STRIKING MOTION FOR DISCOVERY - This capital habeas corpus case is before the Court sua sponte upon the filing of Petitioner's First Motion for Discovery (Doc. No. 48). In the Amended Scheduling Order in this case, September 1, 2010, was set as the deadline for filing motions for discovery (Doc. No. 33). On Respondent's Unopposed Motion (Doc. No. 37), the Court extended that time to November 1, 2010. However, the instant Motion was filed two weeks later without leave of court and without the consultation with opposing counsel required by S.D. Ohio Civ. R. 7.3. Accordingly, Petitioner's First Motion for Discovery is STRICKEN. Signed by Magistrate Judge Michael R Merz on 11/16/2010. (kpf1)
November 16, 2010 Opinion or Order Notation ORDER granting Petitioner's #50 Motion for Reconsideration re #49 Order on Motion for Discovery. When filing one motion for extension of time that actually requests extensions for more than one issue, attorneys are instructed to list all issues and proposed new dates in the docket text to avoid confusion in the future. Signed by Magistrate Judge Michael R Merz on 11/16/2010. (kpf1)
November 15, 2010 Filing 48 First MOTION for Discovery by Petitioner Phillip Elmore. (Lazarow, William) Modified on 11/16/2010 (kpf1). Modified on 11/16/2010 to remove "stricken" (kpf1).
November 3, 2010 NOTICE of Receipt of Petitioner's CD-Rom Containing the Supplemental District Court Appendix. CD-Rom forwarded to Judge Merz's Chambers for filing in the Death Penalty Room. (cib1)
November 1, 2010 Filing 47 NOTICE of Manual Filing of CD-Rpm Containing the Supplemental District Court Appendix by Petitioner Phillip Elmore re Order on Motion to Amend/Correct (McGarry, Kathleen) Modified to clarify docket text on 11/2/2010 (jlw1).
October 29, 2010 Filing 46 REPLY to Respondent's Answer re #41 Return of Writ (Answer) by Petitioner Phillip Elmore. (Lazarow, William)
October 29, 2010 Filing 45 Unopposed MOTION to Expand the Record re #38 Notice (Other) by Petitioner Phillip Elmore. (McGarry, Kathleen) Modified docket text on 11/1/2010 (eh1).
October 29, 2010 Opinion or Order Notation ORDER granting #45 Motion to Amend/Correct. Signed by Magistrate Judge Michael R Merz on 10/29/2010. (mrm0)
October 7, 2010 Filing 44 Unopposed MOTION for Extension of Time New date requested 10/29/2010. by Petitioner Phillip Elmore. (Lazarow, William)
October 7, 2010 Opinion or Order Notation ORDER granting #44 Motion for Extension of Time. Signed by Magistrate Judge Michael R Merz on 10/7/2010. (mrm0)
July 22, 2010 Filing 43 NOTICE of Termination of Counsel Adam M. Van Ho. Stephen E. Maher will continue as lead counsel. by Respondent Marc C Houk (Maher, Stephen) Modified to edit text to include detail on 7/23/2010 (mr1).
July 22, 2010 Filing 42 NOTICE of Appearance by Charles L Wille for Respondent Marc C Houk (Wille, Charles)
July 14, 2010 Filing 41 RETURN of Writ re #35 Amended Petition for Writ of Habeas Corpus by Respondent Marc C Houk. (Maher, Stephen)
June 29, 2010 NOTICE re #40 Notice Of Manual Filing of CD Containing Elmore's Statements to Police Filed and Located in the Basement (4 DVD's) (pb1) Modified on 11/3/2011 to correct location of DVD's(mdf1).
June 28, 2010 Filing 40 NOTICE by Respondent Marc C Houk Of The Manual Filing Of Elmore's Audio Statements To Police (Attachments: #1 Appendix Attachment A Disc Cover) (Maher, Stephen)
June 14, 2010 Filing 39 NOTICE - received four CD's bookmarked - Capital Trial Transcripts. All four CD's being housed in Death Penalty Room. (kje1) Modified on 6/14/2010 (kje1).
June 11, 2010 Filing 38 NOTICE by Respondent Marc C Houk Of Manual Filing Of A CD Containing The District Court Appendix And Capital Trial Transcripts (Attachments: #1 Appendix Attachment A Disc Cover & Bookmarking Screen) (Maher, Stephen)
May 13, 2010 Filing 37 Unopposed MOTION for Extension of Time New date requested 7/14/2010. by Respondent Marc C Houk. (Madden, Thomas)
May 13, 2010 Opinion or Order Notation ORDER granting #37 Motion for Extension of Time: Answer/return of writ due 7/14/2010; reply/traverse due 10/15/2010; motions for discovery due 11/1/2010. Signed by Magistrate Judge Michael R Merz on 5/13/2010. (mrm0)
May 12, 2010 Filing 36 NOTICE of Appearance by Thomas E Madden for Respondent Marc C Houk (Madden, Thomas)
March 15, 2010 Filing 35 AMENDED Petition for Writ of Habeas Corpus, filed by Phillip Elmore. (Lazarow, William)
January 29, 2010 Filing 34 MOTION for Extension of Time to Amend New date requested 3/15/2010. by Petitioner Phillip Elmore. (McGarry, Kathleen)
January 29, 2010 Opinion or Order Filing 33 AMENDED SCHEDULING ORDER; STAY PENDING STATE COURT PROCEEDINGS DISSOLVED - Upon Notice from the Petitioner that proceedings in the Ohio Supreme Court on his application to reopen the direct appeal are now concluded, the Order Staying Proceedings herein (Doc. No. 16) is DISSOLVED. The Court sets the following filing deadlines: 1. Amended Petition is due by March 15, 2010; 2. Answer/Return of Writ is due by May 15, 2010; 3. Reply/Traverse is due by August 15, 2010; and4. Motions for discovery is due by September 1, 2010. Signed by Magistrate Judge Michael R Merz on 1/29/2010. (kpf1)
January 29, 2010 Opinion or Order Notation ORDER granting #34 Motion for Extension of Time pursuant to the Amended Scheduling Order #33 filed 1/29/2010. Signed by Magistrate Judge Michael R Merz on 1/29/2010. (kpf1)
January 27, 2010 Filing 32 NOTICE by Petitioner Phillip Elmore re #16 Order on Motion to Stay, Status Update (McGarry, Kathleen)
December 21, 2009 Filing 31 ENTRY REGARDING STATUS OF STAY: The parties are hereby notified that it is the Courts current intention to continue the stay in place until the applications to reopen are decided, but not to stay these proceedings pending conclusionof the 1983 proceedings. If either party desires a different result, that party may apply for relief by motion. Petitioners obligation to advise the Court regarding the status of the state court matters remains in place. Signed by Magistrate Judge Michael R Merz on 12/19/2009. (gh1)
December 18, 2009 Filing 30 RESPONSE re #29 NOTICE Of Completion Of State Court Proceedings by Respondent Marc C Houk re #16 Order on Motion to Stay by Petitioner Phillip Elmore (McGarry, Kathleen) Modified on 12/21/2009 (eh1).
December 18, 2009 Filing 29 NOTICE by Respondent Marc C Houk re #16 Order on Motion to Stay, Of Completion Of State Court Proceedings (Attachments: #1 Appendix Attachment A Elmore State Court Docket) (Maher, Stephen)
December 17, 2009 CJA 30: Authorization to Pay KATHLEEN MCGARRY in Death Penalty Proceedings Voucher # 091216000002.. Signed by Magistrate Judge Michael R Merz on 12/10/09. (ds)
December 10, 2009 CJA 30: Authorization to Pay Attorney McGarry Interim Voucher #4 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 12/10/2009. (gh1)
December 10, 2009 CJA 30: Authorization to Pay Attorney McGarry Interim Voucher #5 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 12/10/2009. (gh1)
December 9, 2009 CJA 30: Authorization to Pay William S. Lazarow in Death Penalty Proceedings Voucher # 091209000002, interim 3, 091209000003, interim 4, . Signed by Magistrate Judge Michael R Merz on 12/04/09. (jmc1) Modified on 12/10/2009 (jmc1).
December 4, 2009 CJA 30: Authorization to Pay Attorney Lazarow Interim Voucher #4 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 12/4/2009. (gh1)
December 4, 2009 CJA 30: Authorization to Pay Attorney Lazarow Interim Voucher #3 in Death Penalty Proceedings. Signed by Magistrate Judge Michael R Merz on 12/4/2009. (gh1)
November 9, 2009 Filing 28 STATUS REPORT Sixth by Petitioner Phillip Elmore. (Lazarow, William)
August 27, 2009 Opinion or Order Filing 27 DECISION AND ORDER - Petitioner's Supplemental Motion #24 to expand the scope of representation is GRANTED. Signed by Magistrate Judge Michael R Merz on 8/27/2009. (kopf1, )
August 27, 2009 Filing 26 RESPONSE to Motion re #24 Supplemental MOTION to Appoint Counsel pursuant to Harbison v Bell filed by Respondent Marc C Houk. (Maher, Stephen)
August 10, 2009 Filing 25 STATUS REPORT Fifth by Petitioner Phillip Elmore. (Lazarow, William)
August 6, 2009 Filing 24 Supplemental MOTION to Appoint Counsel pursuant to Harbison v Bell by Petitioner Phillip Elmore. (McGarry, Kathleen)
May 11, 2009 Filing 23 STATUS REPORT Fourth by Petitioner Phillip Elmore. (Lazarow, William)
April 14, 2009 Opinion or Order Filing 22 AMENDMENT TO ORDER APPOINTING COUNSEL - In this capital habeas corpus case, the Order appointing counsel refers to the Petitioner's qualification for appointed counsel under 21 U.S.C. 848(q). As of March 9, 2006, that statute was replaced with 18 U.S.C. 3599. The Court finds that the Petitioner is qualified for appointed counsel under 18 U.S.C. 3599 and the appointment of counsel heretofore made shall be deemed to have been made under the newer statute. Signed by Magistrate Judge Michael R Merz on 4/14/2009. (kopf1, )
February 9, 2009 Filing 21 STATUS REPORT Third by Petitioner Phillip Elmore. (Lazarow, William)
November 11, 2008 Filing 20 STATUS REPORT Second Status Report by Petitioner Phillip Elmore. (McGarry, Kathleen)
October 29, 2008 CJA 30: Authorization to Pay William S Lazarow in Death Penalty Proceedings Voucher # 081029000001, interim 3. Signed by Magistrate Judge Michael R Merz on 10/22/08. (jmc1, )
August 20, 2008 Filing 18 STATUS REPORT First by Petitioner Phillip Elmore. (Lazarow, William)
June 23, 2008 CJA 30: Authorization to Pay William S. Lazarow in Death Penalty Proceedings Voucher # 080623000009, interim 2. Signed by Magistrate Judge Michael R Merz on 06/18/08. (jmc1, )
May 22, 2008 Opinion or Order Filing 16 ORDER STAYING PROCEEDINGS. Petitioner's Motion (Doc. No. 14) is GRANTED. Petitioner's counsel shall keep this Court currently apprised of the status of the state court proceedings. All future dates set in the Scheduling Order (Doc. No. 10) are VACATED. Signed by Magistrate Judge Michael R Merz on 5/22/2008. (gh1, )
May 21, 2008 Filing 15 RESPONSE to Motion re #14 MOTION to Stay re #13 Petition for Writ of Habeas Corpus filed by Respondent Marc C Houk. (Maher, Stephen)
May 1, 2008 Filing 14 MOTION to Stay re #13 Petition for Writ of Habeas Corpus by Petitioner Phillip Elmore. (McGarry, Kathleen)
May 1, 2008 Filing 13 First PETITION for Writ of Habeas Corpus, filed by Phillip Elmore. (Lazarow, William)
April 9, 2008 Opinion or Order Filing 12 ORDER DENYING #11 PETITIONER'S PRO SE REQUEST TO DISCHARGE COUNSEL WITHOUT PREJUDICE TO ITS RENEWAL - The Petitioner's present Motion to Discharge Counsel is DENIED without prejudice to its renewal on the basis set forth herein. Signed by Magistrate Judge Michael R Merz on 4/9/08. (dp1 )
March 27, 2008 Filing 11 Petitioner's Pro Se Request to Discharge Counsel by Petitioner Phillip Elmore. (dp1 )
November 20, 2007 Opinion or Order Filing 10 SCHEDULING ORDER - The Court sets the following deadlines: Petition is due 5/1/2008. The Answer/Return of Writ is due 7/15/2008. The Reply/Traverse is due 10/1/2008. Motions for discovery are due 10/15/2008. Signed by Judge Michael R Merz on 11/20/07. (dp1 )
November 20, 2007 Minute Entry for proceedings held before Judge Michael R Merz : Initial Pretrial Conference held on 11/20/2007 and attended via telephone by William Lazarow, Kathleen McGarry, Stephen Maher and Adam Van Ho. A Scheduling Order shall issue. (Court Reporter MRM 071120-084727.) (dp1 )
October 15, 2007 Filing 9 NOTICE OF PRELIMINARY PRETRIAL CONFERENCE - This matter has been set for a Preliminary Pretrial Conference on Tuesday, November 20, 2007, at 9:00 a.m. Eastern Time by telephone before Magistrate Judge Michael R. Merz. Should more attorneys be actively involved than those listed on the Court's docket, please notify judicial assistant, DeAnna Perry, at 937-512-1550, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. If you wish or require that a different number other than the one listed on the court's docket be called, please advise the Court at least 24 hours preceding the conference. (dp1 )
September 15, 2007 Opinion or Order Notation ORDER granting #7 Motion for Extension of Time to File Budget to and including 9/29/2007. Signed by Judge Michael R Merz on 9/15/2007. (Merz, Michael)
September 14, 2007 Filing 7 MOTION for Extension of Time to File New date requested 10/1/2007. by Petitioner Phillip Elmore. (Lazarow, William)
September 5, 2007 Filing 6 NOTICE of Appearance by Adam Michael Van Ho Respondent Marc C Houk (Van Ho, Adam)
August 9, 2007 Filing 5 NOTICE of Appearance by Stephen Edward Maher Respondent Marc C Houk (Maher, Stephen)
July 30, 2007 Opinion or Order Filing 4 ORDER APPOINTING COUNSEL - William Lazarow is appointed as trial attorney and Kathleen McGarry is appointed co-counsel for Phillip Elmore. The Clerk shall serve a copy of this Order on Ohio Assistant Attorney General James Canepa. Signed by Judge Michael R Merz on 7/30/07. (dp1 )
July 20, 2007 Filing 3 MOTION to Appoint Counsel by Petitioner Phillip Elmore. (er )
July 20, 2007 Filing 2 NOTICE of Intention to file habeas petition. (er )
July 20, 2007 Opinion or Order Notation ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Michael R Merz on 7/20/2007. (Merz, Michael)
July 19, 2007 Filing 1 MOTION for Leave to Proceed in forma pauperis by Petitioner Phillip Elmore. (Attachments: #1 Notice of Intent #2 Motion for Appointment of Counsel) (er )

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Petitioner: Phillip Elmore
Represented By: William Sheldon Lazarow
Represented By: Paul Rudolph Bottei
Represented By: Julie C. Roberts
Represented By: David C. Stebbins
Represented By: Kathleen McGarry
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Respondent: Warden Tim Shoop
Represented By: Charles L Wille
Represented By: Adam Michael Van Ho
Represented By: Stephen E. Maher
Represented By: Thomas E Madden
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