# Joint Appendix — Kelly v. Robinson > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385012_1171%3A04 ## Record - **Collection:** Supreme Court brief - **Document type:** Joint Appendix - **Published:** January 1, 1986 - **Citation:** 479 U.S. 36 ## Text | Supreme Court, U.S. (5) FILED APR SO 1966 No. 85-1033 JOSEPH F. SPANIOL, JR Inu The = Supreme Court Of The United States OCTOBER TERM, 1985 JOHN J. KELLY, CONNECTICUT CHIEF STATE’S ATTORNEY, ET AL., Petitioners, v. CAROLYN ROBINSON, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT JOINT APPENDIX CARL SCHUMAN FRANCIS X. DINEEN Assistant State’s Attorney New Haven Legal Assistance Senior Appellate Attorney Association Office of the Chief 426 State Street State’s Attorney New Haven, CT 06510 Connecticut Division of (203) 777-4811 Criminal Justice Counsel of Record for PO. Box 5000 Respondent 340 Quinnipiac Street Wallingford, Connecticut 06492 (203) 265-2373 Counsel of Record for the Petitioners Petition for Certiorari— Filed December 13, 1985 Certiorari Granted— February 24, 1986 TABLE OF CONTENTS Page ee EL, wc cWaes Be ade ieee Eee 1A APPLICATION TO PAY FILING FEES IN I 6 ivhd dada pected &teaanace 6A VOLUNTARY CASE: DEBTOR’S FETITION ...... 7A STATEMENT OF ATTORNEY RE IS, han oleae. can avascavivenes 9A ORDER FOR MEETING OF CREDITORS AND FIXING TIME FOR FILING OBJECTIONS I 00 50 GG5.e od oo ice dak wie us 10A ES Suan ch ak towns ce eee. ark 13A AMENDED COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT WITH ATTACHED EXHIBITS .................... 15A EXHIBIT A—Letter of May 20,1981......... 19A EXHIBIT B—Letter of February 21, 1984. .... 21A EXHIBIT C—Letter of March 19, 1984 ....... 23A EXHIBIT D—Letter of February 6, 1984... ... 25A EXHIBIT E—Letter of February 10, 1984 ..... 27A AMENDED ANSWER......................... 28A ANSWER OF THE DEFENDANT COMMISSIONERS ........................ 30A iA TABLE OF CONTENTS ..ontinued) REQUEST FOR ADMISSIONS ..........------ DEFENDANTS’ RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS ............ COMMISSIONERS, DEPARTMENTS OF INCOME MAINTENANCE AND ADMINISTRATIVE SERVICES RESPONSE TO REQUEST FOR i eens ce een eeceeesscesces MOTION FOR PRELIMINARY INJUNCTION AND ORDER THEREON ..............--. NOTICE TO APPEAR AND COMPLAINT — VIOLATION OF PROBATION OR CONDI- TIONAL DISCHARGE ................---. MOTION FOR STAY AND ORDER THEREON ... iA KELLY v. ROBINSON, NO. 85-1033 DOCKET ENTRIES 1984 2/21 Complaint to determine dischargeability of debt 3/5 MEMORANDUM in opposition to request for ex parte injunction ca pending hearing filed by defendant 3/5 , ANSWER & Special Defenses filed by Defendant 3/5 APPEARANCE of Carl Schuman for Director, Dept. of Adult Probation 3/13 DEBTORS’ Memorandum in support of prelim- inary injunction 3/22 REQUEST for Production filed by Debtor 3/22 MOTION to reopen filed by Debtor 3/26 REQUEST for admissions filed by Debtor 3/26 AMENDED Complaint to determine discharge- ability of debt 3/26 MOTION for preliminary injunction filed by Debtor— DENIED ca 4/3/84 (cc: Schuman; Dineen — 4/4/84) ca 3/28 RESPONSE to request for Production filed by Defendant 3/28 PRETRIAL ORDER — Trial 5/18/84 at 10:00 (cc: Schuman; Reynolds; Dineen; Faulkner — 4/2/84) 4/10 MOTION to separate claim for Attorneys fees and for purposes of trial filed by Joanne S. Faulkner— GRANTED 5/15/84 (cc: Faulkner; Schuman — 5/15/84) ca 4/12 AMENDED CAPTION filed by Joanne S. Faulkner, Esq. 4/11 OBJECT’ ON to Request for production filed by Edward lieynolds 4/11 OBJECTION to Request for Admissions filed by Edward Reynolds 1A 1984 4/16 4/16 4/16 4/16 4/16 4/11 4/18 4/18 4/16 4/16 4/16 4/16 4/27 APPLICATION for leave to appeal interlocutory order to district court filed by Joann Faulkner, Esq. MOTION for relief filed by Joann Faulkner NOTICE OF APPEAL filed by Francis Dineen, Esq. copy of Notice of Appeal mailed to Carl Schuman, Esq., Director of Adult Probation Austin J. McGuigan, Chief State’s Attorney on 4/17/84 PLAINTIFF'S Trial Brief ANSWER to Motion for leave to appeal filed by Carl Schuman OBJECTION TO AMENDED COMPLAINT to determine dischargeability filed by Edward Reynolds NOTICE OF HEARING ON MOTION #4 — 5/15/84 11:30 a.m. cc: Atty. Faulkner s/inst. NOTICE OF HEARING ON PLEADINGS #5, 6, & 10 —5/15/84— 11:30 a.m. ce: Atty. Reynolds wiinst. DEFENDANTS’ RESPONSE to Plaintiff's request for admissions filed Carl Schuman, Esq. AMENDED ANSWER filed by Carl Schuman, Esq. for Defendant CERTIFICATION OF SERVICE OF Summons and notice of Trial to E. Reynolds, Esq., filed by Nidia Torres MEMORANDUM IN OPPOSITION to plain- tiffs Motion for relief filed by Carl Schuman, Esq. Trial Brief of Defendants Austin J. McGuigan, Chief State's Attorney, and Terry S. Capshaw, Director, Office of Adult Probation 2A 1984 4/24 4/30 4/30 4/30 4/30 5/2 5/3 5/4 5/10 5/21 5/30 Motion for Relief filed by Frances Dineen, Esq. CERTIFICATION of service of Notice of Hear- ing (?) to E. Reynolds, Esq. filed by Joanne S. Faulkner COMMISSIONERS, DEPARTMENTS OF IN- COME MAINTENANCE and Administrative services response to request for Admissions filed by Edward Reynolds, Esq. ANSWER of the defendant Commissioners filed by Edward Reynolds, Esq. and certification thereof DEFENDANT Commissioner of the Depart- ment of Income Maintenance and Administrative services of the State of Connecticut Trial Brief filed by Edward Reynolds, Esq. WITHDRAWAL OF Motion for Relief filed by Francis Dineen, Esq. MOTION FOR Voluntary dismissal of Applica- tion for leave to appeal and notice of Appeal filed by Francis Dineen, Esq.—GRANTED 5/14/84 (cc: Reynolds; Dineen; Schuman — 5/14/84) ca AMENDMENT TO ANSWER filed by Carl Schuman, Esq. Plaintiff's Reply Brief NOTICE of reas. trial on complaint — 6/27/84 at 2:15 cc: Reynolds; Dineen; Schuman MOTION for permission to amend answers of the defendant Commissioners of the department of income Maintenance and administrative services filed by Edward Reynolds, Esq. 3A 5/30 6/20 8/31 9/4 9/17 #11 9/19 9/20 #12 9/21 9/21 #13 AMENDMENT TO ANSWER OF THE DE- FENDANT COMMISSIONERS of the Depart- ments of Income Maintenance and Adr:inistra- tive Services filed by Edward Reynolds PLAINTIFF'S Supplemental Brief MEMORANDUM OF FINDINGS, CONCLU- SIONS OF LAW AND PROPOSED ORDER by Judge Shiff to Judge Daly JUDGMENT and MEMORANDUM AND PROPOSED ORDER cc: Attys. Dineen; Faulk- ner; Reynolds and Schuman and Meister signed by Judge Daly NOTICE OF APPEAL filed by Joanne S. Faulk- ner, Esq. COPY OF Notice of Appeal #11 mailed to Edward F. Reynolds on behalf of Commissioner, Department of Income Maintenance & Commis- sioner of Administrative Services Bureau of Col- lection services and to Carl Schuman, Assistant State’s Attorney, on behalf of Austin J. McGuigan, Chief State’s Attorney Division of Criminal Justice, Judicial Department and Direc- tor, office of Adult Probation on 9/19/84 NOTICE OF Appeal by Agreement Directly to the Court of Appeals under 28 U.S.C. sec. 1293(b) COPY of Receipt of $5.00 No. 3687238, copy of Notice of Appeal, Notice of Appeal by Agreement directly to the Court of Appeals under 28 U.S.C. sec. 1293(b) sent to the U.S. Court of Appeals for the Second Circuit and Docket Entries & Cover Letter DESIGNATION OF EXHIBITS filed by Francis Dineen, Esq. on behalf of Carolyn Robin- son, Esq. 4A 1984 9/26 #14 9/26 #15 10/5 1985 10/29 11/26 12/13 1986 2/24 DEFENDANT’S Motion for attorney’s fees filed by Carl Schuman, Esq. on behalf of Director, Office of Adult Probation & Austin J. McGuigan, Esq. MEMORANDUM IN SUPPORT of Defendant’s Motion #14 filed by Carl Schuman, Esq. on behalf of Austin J. McGuigan, Esq. & Director, Office of Adult Probation RECORD ON APPEAL sent to Second Circuit Court & Cover Letter DECISION RENDERED by Second Circuit DEFENDANTS’APPELLEES’ MOTION For Stay of Mandate Pending Application For Cer- tiorari Granted by Second Circuit PETITION For Writ of Certiorari Filed in United States Supreme Court PETITION For Writ of Certiorari granted by United States Supreme Court 5A UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT In Re: ) CAROLYN EVONNE ROBINSON ) Petitioner ) APPLICATION TO PAY FILING FEES IN INSTALLMENTS 1. Applicant is filing herewith a petition commencing a voluntary case under Title 11, United States Code. 2. She has no money with which to pay the fee in this matter. 3. She has not paid any money to her attorney for ser- vices rendered or to be rendered in connection with this case or any pending case under Title 11, United States Code. 4. She will pay the fee within three months. WHEREFORE, applicant prays that she be permitted to pay this filing fee in installments. /s/ Carolyn E. Robinson CAROLYN EVONNE ROBINSON DATED Jan. 21-81 6A UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT EERE ESS SHESEASEEESEEESEEEESE ! ‘In re ( CAROLYN EVONNE ROBINSIN S.S. No. 049-46-5091 4 Debtor Res ss ss se mx Oe SEES SESEESSESSESESSESESEE SEES VOLUNTARY CASE: DEBTOR’S PETITION 1. Petitioner’s post-office address is 282 Terrace Avenue Apt. C2, West Haven, CT 06516. 2. Petitioner has resided within this district for the preceding 180 days. 3. Petitioner is qualified to file this petition and is en- titled to the benefits to Title 11, United States Code, as a voluntary debtor. WHEREFORE, petitioner prays for relief in accordance with Chapter 7 of Title 11, United States Code. Signed: JOANNE S. FAULKNER Attorney for Petitioner 399 Temple Street New Haven, Connecticut 06511 777-4811 7A I, Carolyn Evonne Robinson, the petitioner named in the foregoing petition, certify under penalty of perjury that the foregoing is true and correct. Executed on Jan. 21, 1981. Signeture: Carolyn E. Robinson Carolyn Evonne Robinson 8A UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT IN RE: ) CAROLYN EVONNE ROBINSON ) ) Case No. ) Debtor ) STATEMENT OF ATTORNEY RE COMPENSATION No compensation has been paid or promised to the under- signed by the debtor for services rendered or to be rendered in connection with this case. The undersigned is a salaried employee of the New Haven Legal Assistance Association, Inc., and it is in that capacity that she is representing the debtor in this mer ‘ter. /s/ Joanne S. Faulker JOANNE S. FAULKNER Attorney for the Debtor 399 Temple Street New Haven, Connecticut 06511 777-4811 9A UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT ORDER FOR MEETING OF CREDITORS AND FIXING TIME FOR FILING OBJECTIONS TO DISCHAiGE AND FOR FILING COMPLAINTS TO DISCHARGEABILITY OF CERTAIN DEBTS, COMBINED WITH NOTICE THEREOF AND OF AUTOMATIC STAY To the following debtors, their creditors, and other parties in interest: An order for relief under 11 U.S.C. Chapter 7 has been entered upon petitions filed by the following debtors, and Daniel Meister, 71 East Avenue, Norwalk, Conn. 06851 is ap- pointed interim trustee in each case, to wit: Pet. No. Debtor Pet. Filed Time of Meeting of Creditors * * * (Names omitted in printing.) §-81-114 Carolyn Evonne 2/5/81 11:30 A.M. Robinson 282 Terrace Ave. Apt. C-2 West Haven, Conn. 06516 DO NOT FILE CLAIMS AT THIS TIME. THE ABOVE- ENTITLED CASES HAVE BEEN DESIGNATED AS PROBABLE NO-ASSET CASES. YOU WILL BE NOTIFIED AT A LATER DATE OF THE TIME WITHIN WHICH TO FILE CLAIMS IF SUFFICIENT FUNDS ARE RECOVERED FOR PAYMENT OF DIVIDEND CREDITORS~ - IT IS ORDERED, and notice is hereby given, that: 1. Respective meetings of creditors of said debtors pur- suant to 11 U.S.C. section 341(a) shall be held at ROOM 320, Bankruptcy Court, United States Court House, 915 Lafayette Boulevard, Bridgeport, CONNECTICUT on March 17, 1981 at the times set forth above. 10A 2. The debtors shall appear with their attorneys of record, in person, (or, if the debtor is a partnership, by a general part- ner, or, if the debtor is a corporation, by its president or other executive officer) at the meetings of creditors set forth above for the purpose of being examined. 8. April 27, 1981 is fixed as the last day for the filing of objections to discharge of said debtors. 4. April 27, 1981 is fixed as the last day for the filing of complaints to determine dischargeability of any debt pursuant to 11 USC. section 523(c). You are further notified that The meeting may be continued or adjourned from time to time by notice at the meeting without further written notice to creditors. At the meetings, the creditors n.ay file their claims, (elect a trustee as permitted by law, designate a person to super- vise the meeting, elect a committee of creditors), examine the debtor, and transact such other business as may properly come before the meeting. Ae a result of the filing of the petition, certain acts and proceedings against the debtors and their property are stayed as provided in 11 U.S.C. section 362(a). If no objection to the discharge of the debtors are filed on or before the last day fixed therefor as stated in sub- paragraph 3 above, the debtors will be granted their discharges. If no complaint to determine the dischargeabil- ity of a debt under clause (2), (4), or (6) of 11 U.S.C. section 523(a) is filed within the time fixed therefor as stated in sub- paragraph 4 above, the debt may be discharged. It appears from the schedules of the debtors that there are no assets from which any dividend can be paid to creditors. / 11A It is unnecessary for any creditor to file his claim at this time in order to share in any distribution from the estate. If it subse- quently appears that there are assets from which a dividend may be paid, creditors will be so notified and given an oppor- tunity to file their claims. Unless the court extends the time, any objection to the debtors’ claim of exempt property (Schedule B-4) must be filed within 15 days after the above date set for the meetings of creditors. Dated: February 20, 1981 BY THE COURT *X ONLY THE DEBTOR ROBERT L. KRECHEVSKY WHOSE NAME IS == MARKED ABOVE ankruginy Sang HAS LISTED YOU By: Ethel Petrides AS A CREDITOR DEPUTY IN CHARGE Bankruptcy Court United States Court House Room 319 915 Lafayette Boulevard Bridgeport, Conn. 06604 12A United States Bankruptcy Court For the District of Connecticut In re CAROLYN EVONNE ROBINSON Case No. 5-81-114 Debtor* DISCHARGE OF DEBTOR It appearing that the person named above has filed a peti- tion commencing a case under title 11, United States Code on February 5, 1981, that an order for relief was entered under chapter 7 and that no complaint objecting to the discharge of the debtor was filed within the time fixed by the court, it is ordered that 1. The above-named debtor is released from all dischargeable debts. 2. Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a deterinina- tion of the personal liability of the debtor with respect to any of the following: (a) debts dischargeable under 11 U.S.C. § 523; (b) unless heretofore or hereafter determined by order of this court to be nondischargeable, debts alleged to be excepted from discharge under clauses (2), (4) and (6) of 11 U.SC. § 523(a); (c) debts determined by this court to be discharged under 11 U.SC. § 523. 3. All creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void 13A by paragraph 2 above are enjoined from commencing, contin- uing or employing any action, process or act to collect, recover or offset any such debt as a personal liability of the debtor, or from property of the debtor, whether or not discharge of such debt is waived. Dated: May 14, 1981 BY THE COURT /s) Alan HW. Shiff Bankruptcy Judge Alan HW. Shiff 14A IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF CONNECTICUT SEESSSESESSSSESESSSESESSSSESESESESS ESET ES IN RE: CAROLYN ROBINSON, Debtor CAROLYN ROBINSON, Plaintiff CASE NO. 5-81-114 V. ADV. NO. 84-63 DIRECTOR, DEPARTMENT OF ADULT PROBATION; DIRECTOR, DIVISION OF CRIMINAL JUSTICE, JUDICIAL DEPARTMENT, COMMISSIONER, DEPARTMENT OF INCOME MAINTENANCE; COMMISSIONER OF ADMINISTRATIVE SERVICES, BUREAU OF COLLECTION SERVICES, Defendants ne 2# &# &# He He He OHmUM HMhCUCUC HhUC HhC