Braden v. Bagley
David Braden |
Margaret Bagley |
2:2004cv00842 |
January 28, 2004 |
US District Court for the Southern District of Ohio |
Columbus Office |
FRANKLIN |
Regina S Edwards |
David J Hale |
Death Penalty - Habeas Corpus |
28 U.S.C. § 2254 |
None |
Docket Report
This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 131 RESPONSE in Opposition re #130 MOTION to Amend/Correct #127 Memorandum & Opinion,,, Order Dismissing Case,, filed by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 130 MOTION to Amend/Correct #127 Memorandum & Opinion,,, Order Dismissing Case,, by Petitioner David Braden. (Brown, Steven) |
Filing 129 JUDGMENT entered in accordance with Documents #127 and #128 . (ss) |
Filing 128 ORDER: the Court CERTIFIES FOR APPEAL grounds one, two, four, five,eight (c), and thirteen. Signed by David J. Hale on 11/22/2020. (ss) |
Filing 127 MEMORANDUM, OPINION AND ORDER: the Court DENIES the following grounds as without merit: one, two, three (also procedurally defaulted), four, five, eight, thirteen, and fourteen through twenty-three. The Court DENIES the following grounds as procedurally defaulted: three (also without merit), seven (also abandoned), and eleven (also abandoned). The Court DENIES the following grounds as abandoned: six, seven (also procedurally defaulted), nine, ten, eleven, and twelve. Signed by David J. Hale on 11/21/2020. (ss) |
Filing 126 ORDER transferring the matter to Magistrate Judge Regina Edwards of the Western District of Kentucky. Signed by Magistrate Judge Chelsey M. Vascura on 8/30/2018. (daf) Modified text and reopened case on 8/30/2018 (er). |
Filing 125 OPINION AND ORDER denying #120 Braden's Supplemental Memorandum in Support of His Motion for leave to File an Amended Petition and denying anew #110 Braden's Motion for Leave to file an Amended Petition. Signed by Judge David J. Hale on 3/22/2018. (er) |
Filing 124 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Chelsey M. Vascura for all further proceedings. Magistrate Judge Terence P Kemp no longer assigned to case. Signed by Chief Judge Edmund A. Sargus on 6/30/17. (jcw) |
Filing 123 NOTICE by Respondent Margaret Bagley of Termination and Substitution of Counsel (Maher, Stephen) |
Filing 122 REPLY to Response to Motion re #120 Supplemental MOTION to Amend/Correct filed by Petitioner David Braden. (Brown, Steven) |
Filing 121 RESPONSE in Opposition re #120 Supplemental MOTION to Amend/Correct filed by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 120 Supplemental MOTION to Amend/Correct by Petitioner David Braden. (Brown, Steven) |
Filing 119 ORDER granting #116 Motion for Extension of Time to File Supplemental Memorandum by 3/8/2017. Signed by Magistrate Judge Terence P. Kemp on 2/3/2017. (agm) |
Filing 118 RESPONSE in Opposition re #116 MOTION for Extension of Time to File New date requested 6/1/2017. filed by Respondent Margaret Bagley. (Wille, Charles) |
Filing 117 NOTICE by Respondent Margaret Bagley of Substitution of Lead Trial Counsel (Wille, Charles) |
Filing 116 MOTION for Extension of Time to File New date requested 6/1/2017. by Petitioner David Braden. (Brown, Steven) |
Filing 115 ORDER REASSIGNING CASE: Case reassigned to District Judge David J. Hale of the Western District of Kentucky for all further proceedings. Chief Judge Edmund A Sargus no longer assigned to case. Signed by Chief Judge R. Guy Cole of the United States Court of Appeals for the Sixth Circuit on 10/18/2016. (er) |
Filing 114 ORDER: Chief Judge Edmund A. Sargus, Jr. recuses himself from this case and requests the Honorable R. Guy Cole, Chief Judge of the United States Court of Appeals for the Sixth Circuit, assign a district judge from outside the Southern District of Ohio. Signed by Chief Judge Edmund A. Sargus on 10/03/2016. (dh1) |
Filing 113 OPINION AND ORDER denying without prejudice #110 Petitioner's Motion for Leave to File an Amended Petition, subject to renewal, as appropriate, following briefing on the impact of Adams II. Petitioner shall have 14 days from the date the mandate in Adams II issues to file a supplemental memorandum addressing the impact of Adams II on Petitioner's motion for leave to file an amended petition. Respondent may respond to Petitioner's supplemental memorandum no later than 14 days after it is filed. Signed by Chief Judge Edmund A. Sargus on 03/17/2016. (dh1) |
Filing 112 REPLY to #111 Response to Motion re #110 MOTION for Leave to File Third Amended Petition filed by Petitioner David Braden. (Brown, Steven) Modified text to add link on 9/10/2015 (agm). |
Filing 111 RESPONSE in Opposition re #110 MOTION for Leave to File Third Amended Petition filed by Respondent Margaret Bagley. (Henry, David) |
Filing 110 MOTION for Leave to File Third Amended Petition by Petitioner David Braden. Responses due by 9/8/2015 (Attachments: #1 Exhibit A - Braden's Third Amended Petition) (Sandford, Kathryn) |
Filing 109 ORDER granting #108 Petitioner's request to file a new motion for leave to file an amended Petition. Petitioner shall have until and including 8/12/15 to file a new motion for leave to amend his method-of-execution claims, accompanied by a complete proposed amended petition. The Court vacates the order #106 that requires Respondent to file an amended return of writ by 8/13/15 and Petitioner to file an amended traverse 30 days after that. Signed by Chief Judge Edmund A. Sargus on 07/23/2015. (dh1) |
Filing 108 MOTION for Leave to File by Petitioner David Braden. (Brown, Steven) |
Filing 107 AMENDED Petition for Writ of Habeas Corpus, filed by David Braden. (pes) |
Filing 106 ORDER denying #103 Respondent's Motion to Show Cause and granting #104 Petitioner's Motion for Leave to File a Second Amended Habeas Petition. The Clerk is directed to detach the proposed Second Amended Habeas Petition, docketed as ECF No. 104-1, and file it on the docket. The Court orders Respondent to file any amended Return of Writ to just grounds fourteen through twenty-three, within 45 days of the date that the Second Amended Habeas Petition is filed. Petitioner shall have 30 days from the date Respondent files an Amended Return of Writ to file an Amended Traverse. Signed by Chief Judge Edmund A. Sargus on 06/29/2015. (dh1) |
Filing 105 REPLY to Response to Motion re #104 MOTION for Leave to File filed by Respondent Margaret Bagley. (Henry, David) |
Filing 104 RESPONSE in Opposition re #103 MOTION for Order to Show Cause and MOTION for leave to file second amended petition filed by Petitioner David Braden. (Attachments: #1 Exhibit, #2 Exhibit) (Brown, Steven) Modified text and event type on 5/27/2015 (agm). |
Filing 103 MOTION for Order to Show Cause by Respondent Margaret Bagley. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Henry, David) |
Filing 102 NOTICE of Appearance by David M Henry for Respondent Margaret Bagley (Henry, David) |
Filing 101 ORDER denying #98 Petitioner's Motion to Stay Consideration of the Fourteenth and Fifteenth Grounds for Relief. The Court DIRECTS Petitioner, within 60 days of the date the State of Ohio releases any and all reports that result from the investigation into the McGuire execution, to file any amendment or supplement to Petitioner's fourteenth and fifteenth grounds for relief. Respondent shall have 30 days to file an amended Return of Writ. Petitioner shall have 30 days to file an amended Traverse/Reply. Signed by Judge Edmund A Sargus on 04/03/2014. (dh1) |
Filing 100 REPLY to Response to Motion re #98 MOTION to Stay re #97 Order on Motion to Dismiss filed by Petitioner David Braden. (Sandford, Kathryn) |
Filing 99 RESPONSE in Opposition re #98 MOTION to Stay re #97 Order on Motion to Dismiss filed by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 98 MOTION to Stay re #97 Order on Motion to Dismiss by Petitioner David Braden. (Attachments: #1 Exhibit A - D) (Sandford, Kathryn) |
Filing 97 OPINION AND ORDER denying #85 Respondent's Motion to Dismiss Lethal Injection Claims. Signed by Judge Edmund A Sargus on 08/19/2013. (dh1) |
Filing 96 NOTICE by Respondent Margaret Bagley of additional authority - Treesh v. Robinson, 6th Cir. Court of Appeals, Case No. 12-4539 (Attachments: #1 Appendix Treesh v. Robinson, 6th Cir. Court of Appeals, Case No. 12-4539) (Madden, Thomas) |
Filing 95 NOTICE by Respondent Margaret Bagley Respondent's Notice of Termination of Counsel and Designation of Lead and Trial Counsel (Maher, Stephen) |
Filing 94 NOTICE by Respondent Margaret Bagley of Post v. Coyle, 97-cv-1640 (N.D. Ohio) (Attachments: #1 Exhibit Judge Well's Memorandum & Opinion, 97-cv-1640 (N.D. Ohio)) (Madden, Thomas) |
Filing 93 NOTICE by Respondent Margaret Bagley of Additional Authority - Treesh v. Robinson,1:12-cv-2322, Doc. 12 (N.D. Ohio) (Attachments: #1 Appendix Judge Polster's Memorandum & Opinion) (Madden, Thomas) |
Filing 92 REPLY to Response to Motion re #85 MOTION to Dismiss Lethal Injection Claims Warden's Reply to Braden's Opposition to Warden's Motion to Dismiss Lethal Injection Claims filed by Respondent Margaret Bagley. (Deckert, Brian) |
Filing 91 REPLY to Respondent's Answer re #86 Return of Writ (Answer) by Petitioner David Braden. (Sandford, Kathryn) |
Notice of Correction: Docket 89 (Response To Motion) filed by K. Sandford was deleted by clerk's office and re-filed as current docket #90 (Response In Opposition To Motion) in order to correct ECF filing event. (sr1) |
Filing 90 RESPONSE in Opposition re #85 MOTION to Dismiss Lethal Injection Claims filed by Petitioner David Braden. (sr1) |
Filing 89 RESPONSE to Motion re #85 MOTION to Dismiss Lethal Injection Claims filed by Petitioner David Braden. (Sandford, Kathryn) |
Filing 88 NOTICE by Respondent Margaret Bagley Warden's Notice of Submission of Transcripts (Attachments: #1 Trans. Vol. 01, #2 Trans. Vol. 02, #3 Trans. Vol. 03, #4 Trans. Vol. 04, #5 Trans. Vol. 05, #6 Trans. Vol. 06, #7 Trans. Vol. 07, #8 Trans. Vol. 08, #9 Trans. Vol. 09, #10 Trans. Vol. 10, #11 Trans. Vol. 11) (Madden, Thomas) |
Filing 87 NOTICE by Respondent Margaret Bagley Warden's Notice of Submission of Appendix (Attachments: #1 Apx. Vol. 01 - Redacted, #2 Apx. Vol. 02 - Redacted, #3 Apx. Vol. 03 - Redacted, #4 Apx. Vol. 04 - Redacted, #5 Apx. Vol. 05 - Redacted, #6 Apx. Vol. 06-1, #7 Apx. Vol. 06-2, #8 Apx. Vol. 06-3, #9 Apx. Vol. 07, #10 Apx. Vol. 08) (Madden, Thomas) |
Filing 86 RETURN of Writ re #81 Amended Petition for Writ of Habeas Corpus Warden's Supplemental Return of Writ by Respondent Margaret Bagley. (Attachments: #1 Transcript) (Deckert, Brian) |
Filing 85 MOTION to Dismiss Lethal Injection Claims by Respondent Margaret Bagley. Responses due by 10/26/2012 (Deckert, Brian) |
Filing 84 ORDER granting #83 Motion to Continue. Respondent shall have until and including 10/2/2012, to file her amended return of writ. Petitioner shall have thirty (30) days from the date Respondent files her amended return of writ to file a reply. Signed by Magistrate Judge Terence P Kemp on 8/28/2012. (pes1) |
Filing 83 MOTION to Continue Warden's Motion for a Continuance by Respondent Margaret Bagley. (Madden, Thomas) |
Filing 82 ORDER STRIKING JULY 12, 2012 LETTER. The Court directs the Clerk to file the attached letter, postmarked July 31, 2012. The Court further recognizes that Braden no longer wishes to abandon his habeas corpus claims and HEREBY STRIKES Braden's 07/12/2012 letter #78 . The Court directs the Clerk to maintain the 07/12/2012 letter on the docket so as to maintain an accurate record. Signed by Judge Edmund A Sargus on 08/06/2012. (dh1) |
Filing 81 AMENDED Petition for Writ of Habeas Corpus , filed by David Braden. (Sandford, Kathryn) |
Filing 80 STATUS REPORT by Petitioner David Braden. (Brown, Steven) |
Set/Reset Hearings: Status Conference set for 7/30/2012 10:00 AM before Judge Edmund A Sargus. (sr1) |
Filing 79 ORDER re #78 Letter from Petitioner David Braden asking to withdraw his habeas corpus petition, abandon his legal challenge to the state court judgment against him, and allow the State of Ohio to execute him. In order to address this matter with counsel for Petitioner and Respondent, the Court sets this matter for a status conference on Monday, July 30, 2012 at 10:00 a.m. Signed by Judge Edmund A Sargus on 07/12/2012. (dh1) |
Filing 78 Letter from David R. Braden, CCI, 15802 State Route 104, Chillicothe, OH 45601. (dh1) |
Filing 77 OPINION AND ORDER granting #74 Petitioner's Motion for Leave to File an Amended Petition. The Court directs Petitioner's counsel, within 30 days of the date of this Order, to separately file the Amended Petition. Respondent shall have 30 days from the date that Petitioner files the Amended Petition to file a Supplemental Return of Writ. Petitioner shall have 30 days from the date Respondent files a Supplemental Return of Writ to file any Reply. Signed by Judge Edmund A Sargus on 07/05/2012. (dh1) |
Filing 76 NOTICE of Appearance by Brian Scott Deckert for Respondent Margaret Bagley (Deckert, Brian) |
Filing 75 RESPONSE in Opposition re #74 MOTION for Leave to File Amended Petition filed by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 74 MOTION for Leave to File Amended Petition by Petitioner David Braden. (Attachments: #1 Exhibit "A") (Brown, Steven) |
Filing 73 Response to Warden's Argument Contained in #72 Notice of Supplemental Authority by Petitioner David Braden. (Brown, Steven) Modified on 4/27/2011 to add doc link (kk2) |
Filing 72 NOTICE of Supplemental Authority by Respondent Margaret Bagley (Attachments: #1 Appendix Cullen v. Pinholster, 563 U.S. __ (2011)) (Madden, Thomas) Modified on 4/11/2011 to correct text (kk2) |
Filing 71 ORDER denying without prejudice #69 Respondent's Motion to File a Sur-Reply to Petitioner's Reply. The Court reserves the right to reconsider its decision, should it determine upon consideration of the merits of Petitioner's claims that additional arguments are necessary. Signed by Judge Edmund A Sargus on 09/24/2010. (dh) |
CJA 30: Authorization to Pay Kathryl L Sandford in Death Penalty Proceedings Voucher # 091223000006, interim 8. Signed by Judge Edmund A Sargus on 01/04/2010. (jmc1) |
Filing 70 RESPONSE in Opposition re #69 MOTION for Leave to File Sur-Reply filed by Petitioner David Braden. (Brown, Steven) |
Filing 69 MOTION for Leave to File Sur-Reply by Respondent Margaret Bagley. (Madden, Thomas) |
Filing 68 REPLY BRIEF by Petitioner David Braden. (Sandford, Kathryn) |
CJA 30: Authorization to Pay Kathryn L Sandford in Death Penalty Proceedings Voucher # 091023000002. Signed by Judge Edmund A Sargus on 10/22/09. (jmc1) |
Filing 67 ORDER granting #66 Petitioner's motion for an unopposed extension of time to 10/26/09 to file his reply brief on the merits. Signed by Judge Edmund A Sargus on 09/30/09. (dh) |
Filing 66 MOTION for Extension of Time to File Reply re #65 Return of Writ by Petitioner David Braden. New date requested 10/26/2009. (Sandford, Kathryn) Modified on 9/30/2009 to correct text & add document link (kk2). |
Filing 65 RETURN of Writ re #10 Petition for Writ of Habeas Corpus & #59 Appellant's Brief by Respondent Margaret Bagley. (Madden, Thomas) |
Filing 64 ORDER granting #63 Motion to Continue Return of Writ deadline until September 25, 2009. New deadline is 9/25/2009 and Petitioner shall have fifteen (15) days thereafter to file a reply. Signed by Magistrate Judge Terence P Kemp on 9/10/2009. (kjm) |
Set/Reset Deadlines: Margaret Bagley answer due 9/25/2009. (kjm) |
Filing 63 Unopposed MOTION to Continue Return of Writ deadline until September 25, 2009 by Respondent Margaret Bagley. (Madden, Thomas) |
Filing 62 ORDER granting #61 Motion for Continuance to file return of writ. Deadline to file return of writ is 9/13/2009 and Petitioner shall file a reply fifteen (15) days thereafter. Signed by Magistrate Judge Terence P Kemp on 7/30/09. (kjm) |
Filing 61 MOTION for Continuance to File Return of Writ by Respondent Margaret Bagley. (Madden, Thomas) Modified on 7/27/2009 to correct text (kk2). |
Filing 60 NOTICE OF AGREED SUPPLEMENTATION re #59 Appellant's Brief by Petitioner David Braden (Attachments: #1 Exhibits 7 & 8) (Sandford, Kathryn) Modified on 7/15/2009 to clarify text (kk2). |
Filing 59 BRIEF by Petitioner David Braden. (Sandford, Kathryn) |
CJA 30: Authorization to Pay Kathryn L. Sandford in Death Penalty Proceedings Voucher # 090527000009A, interim 6. Signed by Judge Edmund A Sargus on 05/21/09. (jmc1, ) |
CJA 30: Authorization to Pay Kathryn L. Sandford, Office of the Ohio Public Defender, in Death Penalty Proceedings. Signed by Judge Edmund A Sargus on 05/21/09 and forwarded to Finance. (dh) |
Filing 58 ORDER granting #57 Motion for Extension of Time - Petitioner's merit brief due by 7/14/2009. Respondent will have thirty days to file a response and Petitioner will have fifteen days to file a reply. Signed by Magistrate Judge Terence P Kemp on 4/9/2009. (pes1) |
Filing 57 MOTION for Extension of Time to File Brief by Petitioner David Braden. New date requested 7/14/2009. (Sandford, Kathryn) Modified on 4/10/2009 to clarify text (kk2). |
Filing 56 OPINION AND ORDER denying #50 Petitioner's motion for an evidentiary hearing, subject to reconsideration. The Court expands the record with the depositions of Dr. Douglas Mossman and Mr. James Crates ([49-3] and [49-2]). Petitioner is directed to file within 45 days a brief addressing the merits of those claims that are not barred by procedural default, as well as any good faith, colorable cause and prejudice arguments that might exist to excuse the apparent defaults of grounds 3 and 7. Respondent's response due in 30 days and Petitioner will have 15 days to reply to the response. Signed by Judge Edmund A Sargus on 03/31/09. (dh) |
Filing 55 NOTICE of Change of Address by Kathryn L Sandford (Sandford, Kathryn) |
Filing 54 OPINION AND ORDER granting #53 . Respondent may supplement the record with any transcripts or documents from the state court that have not already been made a part of the record before this Court. Signed by Magistrate Judge Terence P Kemp on 3/17/2009. (pes1) Modified on 3/18/2009 to correct text & make document type opinion (kk2). |
Filing 53 MOTION for Leave to File Supplement to State Court Appendix by Respondent Margaret Bagley. (Madden, Thomas) |
Filing 52 REPLY to Response to Motion re #50 MOTION for Hearing filed by Petitioner David Braden. (Sandford, Kathryn) |
Filing 51 RESPONSE in Opposition re #50 MOTION for Hearing because of 28 U.S.C. 2254(e)(2) filed by Respondent Margaret Bagley. (Madden, Thomas) |
Filing 50 MOTION for Hearing by Petitioner David Braden. (Brown, Steven) |
Filing 49 NOTICE OF FILING DEPOSITION of Crates / Mossman by Petitioner David Braden by Petitioner David Braden. (Attachments: #1 Depo-Crates, #2 Depo-Mossman-Pg.1-85, #3 Depo-Mossman-Pg. 86-171) (Sandford, Kathryn) |
Filing 48 SCHEDULING ORDER - Petitioner shall file, within thirty (30) days of the date of this order, any motion for an evidentiary hearing. Signed by Terence P Kemp on 2/22/08. (jr) |
Status Conference held on 2/22/2008 before Magistrate Judge Terence P Kemp. (pb1) |
Filing 47 NOTICE: Status Conference RESET for 2/22/2008 @ 10:30am in chambers before Terence P Kemp - (wh1) |
Filing 46 NOTICE: Status Conference set for 2/22/2008 @ 9:30am in chambers before Terence P Kemp - (wh1) |
Filing 45 Unopposed MOTION To Set Status Conference by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 44 NOTICE OF FILING DEPOSITION of Philip Lon Allen by Respondent Margaret Bagley by Respondent Margaret Bagley. (Attachments: #1 Appendix Attachment A Lon Allen Deposition Record 01-23-08) (Maher, Stephen) |
Filing 43 ORDER granting #42 Motion for Extension of Time to conduct the deposition of Philip Lon Allen - ext to 1/31/2008. Signed by Judge Terence P Kemp on 12/19/2007. (jr) |
Filing 42 Unopposed MOTION for Extension of Time New date requested 1/31/2008. Regarding Deposition Of Lon Allen by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 41 ORDER granting #38 respondents motion to depose P. Lon Allen, to the extent previously authorized by this Court in its original discovery order (Doc. #37 ). Respondent shall have forty-five (45) days from the date of this order to depose Mr. Allen. The parties shall have thirty (30) days from the date that Mr. Allen is deposed, or from the date that the time for deposing Mr. Allen expires, to file any motions to expand the record. The parties shall file any memoranda in opposition and reply memoranda in accordance with Loc. R. 7.2(a)(2). Signed by Judge Terence P Kemp on 11/2/07. (jr) |
CJA 30: Authorization to Pay Kathryn L Sanford in Death Penalty Proceedings Voucher # 070925000001, interim 5. Signed by Judge Edmund A Sargus on 09/24/07. (jmc1, ) |
Filing 40 NOTICE to Take Deposition of James Crates by Petitioner David Braden. (Sandford, Kathryn) |
Filing 39 NOTICE to Take Deposition of Dr. Douglas Mossman by Petitioner David Braden. (Sandford, Kathryn) |
Filing 38 MOTION To Depose Defense Counsel Philip Lon Allen by Respondent Margaret Bagley. (Maher, Stephen) Modified on 4/23/2007 to correct document title in text (kk2). |
Filing 37 OPINION AND ORDER granting in part and denying in part #32 Petitioner's Motion to Conduct Discovery . Signed by Judge Edmund A Sargus on 03/30/07. (dh) |
CJA 30: Authorization to Pay Kathryn L. Sandford in Death Penalty Proceedings Voucher # 070312000004, interim 3. Signed by Judge Edmund A Sargus on 03/13/07. (jmc1, ) |
Filing 36 NOTICE of Appearance by Thomas E Madden Respondent Margaret Bagley (Madden, Thomas) |
CJA 30: Authorization to Pay Kathryn L. Sandford in Death Penalty Proceedings Voucher # 061106000001. Signed by Judge Edmund A Sargus on 11/07/06. (jmc1, ) |
Filing 35 NOTICE of Appearance by Michael S Warbel Respondent Margaret Bagley (Warbel, Michael) |
Filing 34 REPLY to Response to Motion re #32 MOTION for Discovery filed by Petitioner David Braden. (Sandford, Kathryn) |
Filing 33 RESPONSE in Opposition re #32 MOTION for Discovery filed by Respondent Margaret Bagley. (Attachments: #1 Appendix Attachment A Michael Williams v. Taylor Case Note#2 Appendix Attachment B Keeney v. Tamayo Reyes Case Note)(Maher, Stephen) |
Filing 32 MOTION for Discovery by Petitioner David Braden. (Attachments: #1 Exhibit DRC Records)(Sandford, Kathryn) |
Filing 31 OPINION AND ORDER granting in part and denying in part #21 Respondent's Motion to Dismiss Procedurally Defaulted Claims and granting #30 Petitioner's Motion for Leave to File a Sur-reply. Signed by Judge Edmund A Sargus on 03/29/06. (Due to size, document scanned in two parts.) (#1 2 of 2) (dh) |
Filing 30 MOTION for Leave to File Sur-Reply by Petitioner David Braden. (Sandford, Kathryn) |
Filing 29 RESPONSE in Support re #21 MOTION to Dismiss Certain Habeas Claims On Grounds Of Procedural Default filed by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 28 RESPONSE in Opposition re #21 MOTION to Dismiss Certain Habeas Claims On Grounds Of Procedural Default filed by Petitioner David Braden. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6, pages 1 - 26#7 Exhibit 6, pages 27-48#8 Exhibit 7#9 Exhibit 8#10 Exhibit 9#11 Exhibit 10#12 Exhibit 11#13 Exhibit 12#14 Exhibit 13)(Sandford, Kathryn) |
Filing 27 ORDER granting #26 Motion for Extension of Time. Petitioner response due 6/01/05. Signed by Judge Terence P Kemp on 4/07/05. (rew ) |
Filing 26 MOTION for Extension of Time New date requested 6/1/2005. by Petitioner David Braden. (Sandford, Kathryn) |
Filing 25 ORDER denying #20 Motion Enforce Verification Requirement. Signed by Judge Terence P Kemp on 03/30/05. (ja, ) |
Filing 24 REPLY to Response to Motion re #22 MOTION for Order to response, #23 MOTION for Order to revision Relative To Petitioner's Signature On The Petition filed by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 23 Petitioner's Response to Warden's motion to enforce verification requirements of habeas rule 2 (c) by Petitioner David Braden. (Sandford, Kathryn) Modified on 3/30/2005 to correct docketing event (tto, ). |
Filing 22 Petitioners Response to Warden's Motion to Enforce Verification Requirements of Habeas Rule 2 (c)by Petitioner David Braden. (Sandford, Kathryn) Modified on 3/30/2005 to correct incorrect docketing event.(tto, ). |
Filing 21 MOTION to Dismiss Certain Habeas Claims On Grounds Of Procedural Default by Respondent Margaret Bagley. Responses due by 4/4/2005 (Attachments: #1 Appendix Attachment A Braden Habeas Claims Worksheet#2 Appendix Attachment B Engle v. Isaac Casenote)(Maher, Stephen) |
Filing 20 MOTION To Enforce Verification Requirement Of Habeas Rule 2(c) re #10 Petition for Writ of Habeas Corpus by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 19 NOTICE of filing of state court transcript located in Clerk's office. (Attachments: #1 #2 #3)(rew ) |
Filing 18 NOTICE by Respondent Margaret Bagley of Joint Appendix Status (Attachments: #1 Appendix Letter from Braden's Counsel Sandford)(Maher, Stephen) |
Filing 17 ORDER reassigning this case from Judge Graham to Judge Sargus. Signed by Judge James L Graham and Judge Edmund A Sargus on 11/23/04. (aq) |
Filing 16 NOTICE of the reassignment of this case from Judge Graham to Judge Sargus (bw) |
Judge Edmund A Sargus added. Judge James L Graham no longer assigned to case. (bw) |
Filing 15 ORDER granting #14 Motion to Substitute Attorney substituting Kathryn Sandford in place of Angie Green . Signed by Judge James L Graham on 11/3/2004. (bw) |
Filing 14 MOTION by Petitioner for Substitution of counsel. (rew ) |
Filing 12 FIRST SCHEDULING ORDER: Petitioner proposed budget due by 10/22/04. Signed by Judge Terence P Kemp on 9/24/04. (rew ) |
Filing 11 NOTICE of Hearing: Status Conference set for 9/22/2004 @ 10:00 AM in chambers before Terence P Kemp. (jdm, ) |
Filing 10 PETITION for Writ of Habeas Corpus , filed by Petitioner David Braden against Respondent Margaret Bagley.(ja, ) |
Filing 9 ORDER granting #7 Mr. Stebbins Motion to Withdraw as Attorney and adding attorney Steven Martin Brown for David Braden. Attorney David Clark Stebbins terminated . Signed by Judge James L Graham on 3/22/2004. (bw) |
Filing 8 RESPONSE to Motion re #7 MOTION to Withdraw as Attorney filed by Respondent Margaret Bagley. (Maher, Stephen) |
Filing 7 MOTION to Withdraw as Attorney by Petitioner David Braden. (Stebbins, David) |
Filing 6 ORDER granting the motion for stay of execution and granting the motion to proceed IFP and for appointment of counsel. Attorneys Angie Greene and David Stebbins of the Ohio Public Defenders Office are appointed to represent the petitioner. The habeas corpus petition is to be filed by 9-1-2004. Signed by Judge James L Graham on 2/11/2004. (bw) |
Filing 5 NOTICE of Appearance by Stephen Edward Maher Respondent Margaret Bagley (Maher, Stephen) |
Filing 4 MOTION for Order to Stay Execution. Filed by Petitioner David Braden. (sln, ) |
Filing 3 MOTION to Appoint Counsel by Petitioner David Braden. (sln, ) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner David Braden. (sln, ) |
Filing 1 NOTICE OF INTENT TO FILE PETITION FOR WRIT OF HABEAS CORPUS. Filed by Petitioner David Braden (Attachments: #1 civil cover sheet)(sln, ) |
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