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Alley v. State

Supreme Court of Tennessee, Western Division, at Jackson
Jun 23, 2006
(Tenn. Jun. 23, 2006)

Opinion

June 23, 2006.

Appeal from the No. W2006-01179-CCA-R3-PD Death Penalty Case


MOTION FOR ADMISSION OF COUNSEL PRO HAC VICE

Comes now, Sedley Alley, by and through counsel and hereby moves that this Court permit the appearance of attorneys Barry Scheck, Vaness Potkin, and Colin Starger pro hac vice for the purpose of litigating Mr. Alley's Appeal from the Shelby County Criminal Court's Denial of his Petition for Post-Conviction DNA Analysis. In support of this motion, Mr. Alley states as follows.

1. Mr. Alley was scheduled to be executed on May 17, 2006. Eight hours before the execution, Governor Phil Bredesen granted Mr. Alley a fifteen day reprieve with instructions to return to the Shelby County Criminal Courts to file a Petition for Access to DNA testing pursuant to the State Post-Conviction DNA Act which Mr. Alley filed on May 19, 2006. Co-counsel in this case are Mr. Barry Scheck, Ms. Vanessa Potkin and Mr. Colin Starger. Mr. Scheck, Ms. Potkin and Mr. Starger are attorneys with the Innocence Project and are experts in post-conviction DNA testing. Mr. Scheck, Ms. Potkin and Mr. Starger's assistance in this case is vital to a fair and thorough adjudication of the matter. Mr. Sheck, Ms. Potkin, and Mr. Starger were all permitted to appear pro hac vice in the trial court. After the trial court dismissed Mr. Alley's Petition, a timely Notice of Appeal was filed. Mr. Sheck, Ms. Potkin, and Mr. Starger were all permitted to appear pro hac vice in the Court of Criminal Appeals.

2. Mr. Scheck, Ms. Potkin, and Mr. Starger are members in good standing of the bars in which they are admitted and meet all requirements for admission pro hac vice as stated in Supreme Court Rule 19. Mr. Scheck, Ms. Potkin and Mr. Starger are seeking admission as pro bono counsel.

4. Because of the exigency of today's filing and the location of Mr. Scheck, Ms. Potkin, and Mr. Starger it was not possible to obtain original affidavits or certificates of good standing for counsel. The originals were sent to local counsel's home address via fed ex for weekend delivery, but, due to a clerical error, will not be delivered until Monday, June 26, 2006. As soon as practicable, the originals will be provided to the Clerk of Court. Originals of such certificates and affidavits have been filed in both the Criminal Court of Shelby County and, last week, in the Court of Criminal Appeals in Jackson. Faxed copies of the motion, affidavits, and certificates of good standing are attached to this motion.

5. This motion is fully supported by the attached affidavit of local counsel, Ms. Kelley Henry.

WHEREFORE, Mr. Alley requests this Court permit the admission of Mr. Scheck, Ms. Potkin, and Mr. Starger pro hac vice.

AFFIDAVIT OF KELLEY J. HENRY IN SUPPORT OF MOTION FOR ADMISSION OF COUNSEL PRO HAC VICE

COUNTY OF DAVIDSON ) ) STATE OF TENNESSEE )

I, Kelley J. Henry, being of lawful age, swear that the following is true to the best of my information and belief:

1. I am a member in good standing of the Tennessee State Bar. My BPR number is 021113.

2. I am co-counsel for Mr. Sedley Alley.

3. Mr. Alley was scheduled to be executed on May 17, 2006. Eight hours before the execution, Governor Phil Bredesen granted Mr. Alley a fifteen day reprieve with instructions to return to the Shelby County Criminal Courts to file a Petition for Access to DNA testing pursuant to the State Post-Conviction DNA Act which Mr. Alley filed on May 19, 2006. Co-counsel in this case are Mr. Barry Scheck, Ms. Vanessa Potkin and Mr. Colin Starger. Mr. Scheck, Ms. Potkin and Mr. Starger are attorneys with the Innocence Project and are experts in post-conviction DNA testing. Mr. Scheck, Ms. Potkin and Mr. Starger's assistance in this case is vital to a fair and thorough adjudication of the matter. Mr. Sheck, Ms. Potkin, and Mr. Starger were all permitted to appear pro hac vice in the trial court. After the trial court dismissed Mr. Alley's Petition, a timely Notice of Appeal was filed. Mr. Sheck, Ms. Potkin, and Mr. Starger were all permitted to appear pro hac vice in the Court of Criminal Appeals.

4. Mr. Scheck, Ms. Potkin, and Mr. Starger are members in good standing of the bars in which they are admitted and meet all requirements for admission pro hac vice as stated in Supreme Court Rule 19. Mr. Scheck, Ms. Potkin and Mr. Starger are seeking admission as pro bono counsel.

5. Because of the exigency of today's filing and the location of Mr. Scheck, Ms. Potkin, and Mr. Starger it was not possible to obtain original affidavits or certificates of good standing for counsel. The originals were sent to local counsel's home address via fed ex for weekend delivery, but, due to a clerical error, will not be delivered until Monday, June 26, 2006. As soon as practicable, the originals will be provided to the Clerk of Court. Originals of such certificates and affidavits have been filed in both the Criminal Court of Shelby County and, last week, in the Court of Criminal Appeals in Jackson. Faxed copies of the motion, affidavits, and certificates of good standing are attached to this motion.

Further affiant sayeth not.

Dated this 26th day of June, 2006, in Nashville, Davidson County, Tennessee.

____________________ Kelley J. Henry

Subscribed and sworn to before me this 26th day of June, 2006.

______________________ Notary Public

MOTION OF BARRY SCHECK, VANESSA POTKIN AND COLIN STARGER FOR ADMISSION PRO HAC VICE

Comes now. Barry Scheck, Vanessa Potkin and Colin Starger of the Innocence Project, and request permission to appear as counsel pro hac vice for Plaintiff Sedley Alley in association with Kelly Henry in the above-entitled action. In support of this motion, affidavits and certificates of good standing of Barry Scheck, Vanessa Potkin, and Colin Starger are attached as Exhibit A. The local attorney of record for Sedley Alley is Kelly Henry (#021113), an active member in good standing of the State Bar of Tennessee. Ms. Henry's office is located at: Federal Public Defender, 810 Broadway, Suite 200, Nashville, Tennessee, 37203, (phone) 615-337-0469.

RESPECTFULLY SUBMITTED,

AFFIDAVIT OF BARRY SCHECK IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE

I, Barry Scheck, being of lawful age, declare under penalty of perjury:

1. I request permission to appear as counsel pro hac vice for Appellant Sedley Alley in association with Kelley Henry in the above-entitled action, an appeal of the post-conviction court's denial of his petition for DNA testing under the Post Conviction DNA Analysis of Act of 2001, which is now pending before this Court. Ms. Henry is licensed (#021113) to practice law in this State, she is in good standing, she resides in Tennessee and her law office is located at: Office of the Federal Public Defender, 810 Broadway, Suite 200, Nashville, Tennessee, 37203, (phone) 615-337-0469.

2. My residence address is Brooklyn, New York and my office address is The Innocence Project, 100 5th Avenue, 3rd Floor, New York, NY 10011, (212)-364-5359. I am a member in good standing of the Bar of the State of New York, having been admitted to that Bar in 1975 and am duly licensed to practice law in the State of New York, and before the courts of the State of California, the United States District Court for the Northern District of California, the United States District Court for the Southern District of New York, the United States District Court for the Eastern District of New York and the United States Court of Appeals for the Second Circuit. My New York State Bar attorneys registration number is 1634765.

3. I have not sought pro hac vice status in any previous case in the State of Tennessee within the past three years. In this matter, I was admitted below to represent Mr. Alley in his Petition for Access to DNA testing under the State Post-Conviction DNA Act before the Shelby County Criminal Courts and also his appeal of the denial of this petition in the Court of Criminal Appeals.

4. I am pro bono counsel in this matter and as such am exempt from paying any fees to the Tennessee Board of Professional Responsibility.

5. There is not now pending any action seeking disbarment, suspension or any other form of discipline or sanction against me, nor is there pending an investigation of my conduct

6. I agree to subject myself to the jurisdiction of the courts of Tennessee in any matter arising out of my conduct in the above captioned proceeding and agree to be bound by the Rules of Professional Conduct applicable to Tennessee lawyers and the interpretation thereof by Tennessee courts.

7. I have served notice of my request to be admitted as counsel pro hac vice in this matter to the Tennessee Board of Professional Responsibility, 1101 Kermit Drive, Suite 730, Nashville, TN 37217.

Dated this 23rdday of June, 2006.

_______________________ Barry Scheck

Subscribed and Sworn to before me this 23rd day of June 2006.

_____________________ Notary Public

AFFIDAVIT OF VANESSA POTKIN IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE

I. Vanessa Potkin, being of lawful age, declare under penalty of perjury:

1. I request permission to appear as counsel pro hac vice for Appellant Sedley Alley in association with Kelley Henry in the above-entitled action, an appeal of the post-conviction court's denial of his petition for DNA testing under the Post Conviction DNA Analysis of Act of 2001, which is now pending before this Court. Ms. Henry is licensed (#021113) to practice law in this State, she is in good standing, she resides in Tennessee and her law office is located at: Office of the Federal Public Defender, 810 Broadway, Suite 200, Nashville, Tennessee, 37203, (phone) 615-337-0469.

2. My residence address is Brooklyn, New York and my office address is The Innocence Project, 100 5th Avenue, 3rd Floor, New York, NY 10011, (212)-364-5359. I am a currently member in good standing of the Bar of the State of New York, having been admitted and licensed to practice as an attorney in all the courts (including the court of last resort) of the State of New York in 2001. My New York State Bar registration number 3966413.

3. I have been admitted pro hac vice in the State of Tennessee, in the year of 2004, in the case of State v. Jesse Haddox. In this matter. I was admitted below to represent Mr. Alley in his Petition for Access to DNA testing pursuant to the State Post-Conviction DNA Act before the Shelby County Criminal Courts and also his appeal of the denial of this petition in the Court of Criminal Appeals.

4. I am pro bono counsel in this matter and as such am exempt from paying any fees to the Tennessee Board of Professional Responsibility.

5. There is not now pending any action seeking disbarment, suspension or any other form of discipline or sanction against me, nor is there pending an investigation of my conduct

6. I agree to subject myself to the jurisdiction of the courts of Tennessee in any matter arising out of my conduct in the above captioned proceeding and agree to be bound by the Rules of Professional Conduct applicable to Tennessee lawyers and the interpretation thereof by Tennessee courts.

7. I have served notice of my request to be admitted as counsel pro hac vice in this matter to the Tennessee Board of Professional Responsibility, 1101 Kermit Drive, Suite 730, Nashville, TN 37217.

Dated this 23rdday of June, 2006.

_______________________ Vanessa Potkin

Subscribed and Sworn to before me this 23rd day of June, 2006.

________________________ Notary Public

AFFIDAVIT OF COLIN STARGER IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE

I, Colin Starger, being of lawful age, declare under penalty of perjury:

1. I request permission to appear as counsel pro hac vice for Appellant Sedley Alley in association with Kelley Henry in the above-entitled action, an appeal of the post-conviction court's denial of his petition for DNA testing under the Post Conviction DNA Analysis of Act of 2001, which is now pending before this Court. Ms. Henry is licensed (#021113) to practice law in this State, she is in good standing, she resides in Tennessee and her law office is located at: Office of the Federal Public Defender, 810 Broadway, Suite 200, Nashville, Tennessee, 37203, (phone) 615-337-0469.

2. My residence address is Brooklyn, New York and my office address is The Innocence Project, 100 5th Avenue, 3rd Floor, New York, NY 10011, (212)-364-5359. I am a member in good standing of the Bar of the State of New York, having been admitted to that Bar in 2003, and am duly licensed to practice law in the State of New York, and the United State District Court for the Southern District of New York. My New York State Bar registration number is 4123212.

3. I have not sought pro hac vice status in any previous case in the State of Tennessee within the past three years. In this matter, I was admitted below to represent Mr. Alley in his Petition for Access to DNA testing pursuant to the State Post-Conviction DNA Act before the Shelby County Criminal Courts and also his appeal of the denial of this petition in the Court of Criminal Appeals.

4. I am pro bono counsel in this matter and as such am exempt from paying any fees to the Tennessee Board of Professional Responsibility.

5. There is not now pending any action seeking disbarment, suspension or any other form of discipline or sanction against me, nor is there pending an investigation of my conduct

6. I agree to subject myself to the jurisdiction of the courts of Tennessee in any matter arising out of my conduct in the above captioned proceeding and agree to be bound by the Rules of Professional Conduct applicable to Tennessee lawyers and the interpretation thereof by Tennessee courts.

7. I have served notice of my request to be admitted as counsel pro hac vice in this matter to the Tennessee Board of Professional Responsibility, 1101 Kermit Drive, Suite 730, Nashville, TN 37217.

Dated this 23rd day of June, 2006.

___________________ Cohn Starger

Subscribed and Sworn to before me this 23rd day of June, 2006.

____________________ Notary Public


Summaries of

Alley v. State

Supreme Court of Tennessee, Western Division, at Jackson
Jun 23, 2006
(Tenn. Jun. 23, 2006)
Case details for

Alley v. State

Case Details

Full title:SEDLEY ALLEY Petitioner-Appellant, v. STATE OF TENNESSEE…

Court:Supreme Court of Tennessee, Western Division, at Jackson

Date published: Jun 23, 2006

Citations

(Tenn. Jun. 23, 2006)