Cross v. United States of America

Cross v. United States of America

Petitioner:	Bryan T. Cross
Respondent:	United States of America
Case Number:	5:2016cv06097
Filed:	July 7, 2016
Court:	US District Court for the Southern District of West Virginia
Office:	Beckley Office
County:	Raleigh
Presiding Judge:	Irene C. Berger
Presiding Judge:	Cheryl A. Eifert
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
March 26, 2018	Filing 32 MEMORANDUM OPINION AND ORDER as to Bryan Cross: Adopting the 31 Proposed Findings and Recommendation of the Magistrate Judge; denying Petitioner's 18 Motion to Vacate, Set Aside or Correct Sentence (2255); dismissing this matter with prejudice and removing it from the Court's docket. Signed by Judge Irene C. Berger on 3/26/2018. (cc: Judge, Magistrate Judge Eifert; USA, counsel, Petitioner) (slr) (Modified cc: line on 3/26/2018) (slr).
September 12, 2016	Filing 28 MEMORANDUM OPINION AND ORDER: The Court GRANTS in part and DENIES in part the United States' 27 MOTION for an Order Directing Movant to File a Privilege Waiver; the Court finds that Movant's former counsel should be compelled to disclose those communications with Movant that counsel believes are necessary to fully and completely respond to Movant's claims of ineffective assistance of counsel, but to continue to hold in confidence any communications with Movant that counsel reaso nably believes are not pertinent to a fair resolution of Movant's habeas motion; the Court ORDERS Movant's counsel, Mr. E. Ward Morgan, to file within 30 days from the date of this Order an affidavit responding to Movant's specific cla ims of ineffective assistance of counsel, including his claim that counsel was not properly trained or experienced at criminal law; the Court ORDERS that the attorney-client privilege, which attaches to communications between Movant and Mr. Morgan sh all not be deemed automatically waived in any other Federal or State proceeding by virtue of the above-ordered disclosure in this Section 2255 proceeding. The information supplied by Movant's former trial counsel shall be limited to use in this proceeding, and Respondent is prohibited from otherwise using the disclosed privileged information without further order of a court of competent jurisdiction or a written waiver by Movant; the Court ORDERS that the 23 briefing schedule shall be held in abeyance until Mr. Morgan files his affidavit. Signed by Magistrate Judge Cheryl A. Eifert on 9/12/2016. (cc: Judge, USA, Movant, counsel, Mr. E. Ward Morgan) (slr) (slr)

Date Filed

Document Text

March 26, 2018

Filing 32 MEMORANDUM OPINION AND ORDER as to Bryan Cross: Adopting the 31 Proposed Findings and Recommendation of the Magistrate Judge; denying Petitioner's 18 Motion to Vacate, Set Aside or Correct Sentence (2255); dismissing this matter with prejudice and removing it from the Court's docket. Signed by Judge Irene C. Berger on 3/26/2018. (cc: Judge, Magistrate Judge Eifert; USA, counsel, Petitioner) (slr) (Modified cc: line on 3/26/2018) (slr).

September 12, 2016

Filing 28 MEMORANDUM OPINION AND ORDER: The Court GRANTS in part and DENIES in part the United States' 27 MOTION for an Order Directing Movant to File a Privilege Waiver; the Court finds that Movant's former counsel should be compelled to disclose those communications with Movant that counsel believes are necessary to fully and completely respond to Movant's claims of ineffective assistance of counsel, but to continue to hold in confidence any communications with Movant that counsel reaso nably believes are not pertinent to a fair resolution of Movant's habeas motion; the Court ORDERS Movant's counsel, Mr. E. Ward Morgan, to file within 30 days from the date of this Order an affidavit responding to Movant's specific cla ims of ineffective assistance of counsel, including his claim that counsel was not properly trained or experienced at criminal law; the Court ORDERS that the attorney-client privilege, which attaches to communications between Movant and Mr. Morgan sh all not be deemed automatically waived in any other Federal or State proceeding by virtue of the above-ordered disclosure in this Section 2255 proceeding. The information supplied by Movant's former trial counsel shall be limited to use in this proceeding, and Respondent is prohibited from otherwise using the disclosed privileged information without further order of a court of competent jurisdiction or a written waiver by Movant; the Court ORDERS that the 23 briefing schedule shall be held in abeyance until Mr. Morgan files his affidavit. Signed by Magistrate Judge Cheryl A. Eifert on 9/12/2016. (cc: Judge, USA, Movant, counsel, Mr. E. Ward Morgan) (slr) (slr)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the West Virginia Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Cross v. United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Bryan T. Cross
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: United States of America
Represented By:	Miller A. Bushong, III
Represented By:	Carol A. Casto(Designation for the United States of America)
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?