Witcher v. Commonwealth of Virginia
| Otis W. Witcher |
| Commonwealth of Virginia |
| 1:2022cv00086 |
| January 27, 2022 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Theresa Carroll Buchanan |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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Filing 12
Memorandum to #11 MOTION For Evidentiary Hearing filed by Otis W. Witcher. (nneb)
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Filing 11
MOTION For Evidentiary Hearing by Otis W. Witcher. (nneb)
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Filing 10
MOTION for Summary Judgment by Otis W. Witcher. (Attachments: #1 Cover Letter, #2 Envelope)(nneb)
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State Court Records Received from the Supreme Court of Virginia (1 paper clipped set of documents). (nneb)
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Filing 9
Memorandum in Support re #8 MOTION for Summary Judgment with Roseboro,. & in Support of Rule 5 Answer filed by Commonwealth of Virginia. (Attachments: #1 Affidavit of Chadwick Dotson)(Wallace, Dorothy)
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Filing 8
MOTION for Summary Judgment with Roseboro,. by Commonwealth of Virginia. (Wallace, Dorothy)
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Filing 7
Rule 5 RESPONSE to Petition for Writ of Habeas Corpus by Commonwealth of Virginia. (Attachments: #1 Exhibit 1 - Petition to Supreme Court of Virginia, #2 Exhibit 2 - Order of the Supreme Court of Virginia)(Wallace, Dorothy)
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Filing 6
NOTICE by Commonwealth of Virginia re #4 Order of Prisoner Service (2254),,, Acknowledgement of Receipt (Wallace, Dorothy)
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Filing 5
NOTICE of Appearance by Dorothy Patricia Wallace on behalf of Commonwealth of Virginia (Wallace, Dorothy)
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Filing 4
ORDERED that the petition [Dkt. No. 1] be and is FILED; and it is further ORDERED that, within thirty (30) days of the date of this Order, respondent show cause why the writ should not be granted. Along with its responsive pleading, respondent shall forward the records of the state criminal trial and habeas corpus proceedings, if pertinent and available, to the Clerk's Office in Alexandria, Virginia. It is further ORDERED that if petitioner files a reply to respondent's responsive pleading, such reply shall be due no more than twenty-one (21) days after respondent files its responsive pleading. Any reply by petitioner must include counter-affidavits (sworn statements subject to the penalty of perjury), or other responsive material contesting the affidavits or records filed by the respondent (see Order for details). Signed by District Judge Leonie M. Brinkema on 2/7/2022. (nneb)(c/s pursuant to Order) Modified on 2/8/2022 (nneb, ).
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Filing 3
ORDERED that the petition be and is conditionally filed pending petitioner's compliance with this Order; and it is further ORDERED that petitioner either pay the $5.00 filing fee or file an application to proceed in forma pauperis (see Order for further details). Signed by District Judge Leonie M. Brinkema on 1/31/2022. (dest)
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Filing 2
Acknowledgment of Receipt. (c/s to Petitioner) (nneb)
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Filing 1
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 14683093559.), filed by Otis W. Witcher. (Attachments: #1 Cover Letter, #2 Prisoner Database Report, #3 Receipt, #4 Envelope)(nneb)
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| Petitioner: Otis W. Witcher | |
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| Respondent: Commonwealth of Virginia | |
| Represented By: | Dorothy Patricia Wallace |
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