Opposition Brief — Indiana v. Ward

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\ Supreme Court. U.S.

\b Gi FILED

fe JUN 1 0 2005

OFFICE OF THE CLERK

No. 04-1153

IN THE

SUPREME COURT OF THE UNITED STATES

THE STATE OF INDIANA,

Petitioner,

Roy LEE WARD,

Respondent.

On Petition for a Writ of Certiorari to the

Indiana Supreme Court

MOTION TO PROCEED JN FORMA PAUPERIS

The Respondent, ROY LEE WARD, by counsel, respectfully moves this Court

for leave to proceed Jn Forma Pauperis pursuant to Rule 39. In support of this

motion, counsel state that they were appointed to represent Mr. Ward in his direct

appeal to the Supreme Court of Indiana by the trial court, Spencer Circuit Court,

because he was indigent and without sufficient funds to retain an attorney and pay

fees for said action. Mr. Ward has been incarcerated since his arrest in this case and

- tees came eo

ee re se eee «

1 | of ket ES

has not been gainfully employed. He remains indigent as demonstrated in the

Affidavit attached hereto.

Respectfully submitted,

Lorinda(Meier oungcourt

Counsel of Record

P.O. Box 206

Huron, IN 47437-0206

(812) 849-9852

REPORT ID: TFDRHRPT-30

Loc: ISP

OFFENDER NO: 914976

DATE

POSTED

06/03/2005

06/01/2005

05/26/2005

05/13/2005

05/11/2005

05/06/2005

05/05/2005

04/29/2005

Obese renee

4/28/2005

04/27/2008

04/27/2005

04/25/2005

04/22/2005

04/15/2005

NO PENDING

DOCUMENT

NUMBER

ISP 06/03

SHOP 54

ISP 05/26

ISP 05/13

R 90772

R 90510

ISP 05/06

POSTAGE

ISP 04/29

POSTAGE

R 89881

COMM CR

POSTAGE

ISP 04/22

R 86530

nee

zee

INDIANA DEPARTMENT OF CORRECTION

ALL TRANSACTION HISTORY REPORT

AS OF 12/06/2004

NAME: WARD, ROY L

TRAN DT

06/03/2005

aS 1 02/2002

06/03/2005

06/01/2005

05/26/2005

05/13/2005

65/11/2005

05/06/2005

05/05/2005

04/29/2005

04/28/2005

04/27/2005

04/26/2005

04/25/2005

04/22/2005

04/15/2005

AMOUNT ON HOLD

CURRENT BALANCE..........

PENDING BALANCE..........

END OF REPORT TFDRHRPT-30

THRU

TYP CODE

AGVONAVVOVOVVNVNNANVVVONVUYD

Fie ee as eS

DATE ht Ui

TIME 09:02:

06/06/2005 PAGE 1

ADDITIONAL

AMOUNT DESCRIPTION

$49.07 ISP-060305-01421 /

7.61 ISP-060305-01402 /

$23.67 ISP-060305-00640 /

$5.35 ISP-060305-00628 /

$15.20

$53.61 ISP-052605-00306 /

$9.13 ISP-052605-00285 /

$96.50 ISP-051305-00421 /

$6.88 ISP-051305-00397 /

$120.06 VIRGINIA WARD

i$.20 MCC

49.28 ISP-050605-01063 /

18.88 ISP-v50605-01046 /

20.70 ISP-050605-00699 /

42.09 ISP-050605-00693 /

arcs ISP-050605-00683 /

5 ae ISP-042905-00443 /

19.46 ISP-042905-00423 /

$6.05

$275.00 KIMBERLY WARD

a3 ISP-042205-00041/REFU

-4

ER ISP-042205-00041 /

17.78 ISP-042205-00015 /

$651.56 MCC

$582.86

$0.00

$582.86

$0.00

No. 04-1153

IN THE

SUPREME COURT OF THE UNITED STATES

—

THE STATE OF INDIANA,

Petitioner,

Roy LEE WARD,

Respondent.

On Petition for a Writ of Certiorari to the

Indiana Supreme Court

AFFIDAVIT IN SUPPORT OF MOTION TO PROCEED IN FORMA PAUPERIS

I swear or affirm under penalty of perjury that, because of my poverty, I cannot

prepay the docket fees or pay the publishing expenses to oppose the State of Indiana’s

Petition for Writ of Certiorari to the Indiana Supreme Court. I believe that I am

entitled to have this Court deny Indiana’s Petition. I swear or affirm under penalty

of perjury under United States laws that my answers on this form are true and correct.

(28 U.S.C. § 1746; 18 U.S.C. § 1621.)

6-3-9 Log Ke Fe

Dated Roy Lee Ward

Page | of 4

1. For both you and your spouse estimate the average amount of money received

from each of the following sources during the past 12 months. Adjust any

amount that was received weekly, biweekly, quarterly, semiannually, or

annually to show the monthly rate. Use gross amounts, that is amounts before

any deductions for taxes or otherwise.

I have no regular source of income. My mother occasionally sends me small sums

of money which I use for commissary items such as snacks, and medical and dental expenses.

2. List your employment history for the past two (2) years, most recent employer first. (Gross

monthly pay is before taxes or other deductions.)

I have been incarcerated on death row of the Indiana Department of Corrections

for the last two (2) years.

3. List your spouse's employment history for the past two years, most recent employer first.

(Gross monthly pay is before taxes or other deductions.)

I am unmarried.

4. How much cash do you and your spouse have? $ S82. 6 . Below, state any

money you or your spouse have in bank accounts or in any other financial institution.

Financial Institution Type of Account Amount you have Amount your spouse has

If you are a prisoner seeking to appeal a judgment in a civil action or proceeding, you

must attach a statement certified by the appropriate officer showing all receipts,

expenditures, and balances during the last six months in your institutional accounts. If

you have multiple accounts, perhaps because you have been in multiple institutions,

attach one certified statement of each account.

Page 2 of 4

10.

11.

12.

List the assets, and their values, which you own or your spouse owns. Do not list

clothing and ordinary household furnishings.

] own no property except my personal clothing and the few items of personal

property allowed by the Indiana Department of Corrections.

State every person, business, or organization owing you or your spouse money, and the

amount owed.

I am owned no money by any person, business or organization.

State the persons who rely on you or your spouse for support.

No one relies upon me for support.

Estimate the average monthly expenses of you and your family. Show separately the

amounts paid by your spouse. Adjust any payments that are made weekly, biweekly,

semiannually, or annually to show the monthly rate.

I have no monthly expenses. I occasionally receive small sums of money from my

mother which I spend on food in commissary, medical and dental treatment.

Do you expect any major changes to your monthly income or assets or liabilities during

the next 12 months? (Yes / No

Have you paid — or will you be paying — an attorney any money for services in connection

with this case including the completion of this form. Yes /No

Have you paid — or will you be paying — anyone other than an attorney (such as

paralegal or typist) any money for services in connection with this case, including the

completion of this form? OYes “No

Provide any other information that will help explain why you cannot pay the docket fees

for your appeal.

None

Page 3 of 4

13.

State the add~ess of your legal residence.

Roy Lee Ward #914976

Indiana State Prison

P.O. Box 41

Michigan City, IN 46361

Your age: 2 Ps

Your years of schooling: CG a ; D

Your social security number: aj {2-oO27* b4 re Ps 6

Page 4 of 4

No. 04-1153

IN THE

SUPREME COURT OF THE UNITED STATES

THE STATE OF INDIANA,

Petitioner.

Roy Lee WARD,

Respondent.

On Petition for a Writ of Certiorari to the

Indiana Supreme Court

RESPONDENT'S BRIEF IN OPPOSITION

LORINDA MEIER YOUNGCOURT STEVEN E. RIPSTRA

Counse! of Record RIPSTRA LAW OFFICE

Post OFFICE Box 206 4185S. MAIN St.

HURON, IN 47437-0206 P.O. BOX 767

(812) 849-9852

JASPER. IN 47547-0767

(812) 482-6414

Counsel for Respondent

STATEMENT

I. The underlying facts

Ward moved for a Change of Venue from Spencer County, or to Draw Residents from

Another County [App.' vol 8, p. 1835; vol. 9, p. 2029}. The motion was heard pre-trial (Tr.’

5/30/02, pp. 6-46]. Prior to jury selection, Ward renewed the motion and it was denied [Tr.

10/7/02, p. 4]. Ward exhausted all of his peremptory challenges [Tr. vol. VI, pp. 950-51; vol.

VII, p. 1038]. He renewed the venue motion at the conclusion of jury selection, which was again

denied [Tr. vol. VIII, pp. 1058, 1060].

Ward disagrees with the State of Indiana’s recitation of underlying facts on page four of

the Petition for Writ of Certiorari. The evidence presented at trial was that all the vaginal and

oral swabs taken from Payne were negative for sperm and seminal fluids [Tr. vol. XII, pp. 1774-

75}. Ward’s DNA was not found on any “rape kit” samples taken from Payne’s body [Tr. vol.

XII, pp. 1779-83].

' The abbreviation “App.” refers to the Appendix to the Brief of Appellant filed with the

Indiana Supreme Court and is part of the record herein.

*The abbreviation “Tr.” refers to the Transcript (by date or volume number) that was filed

by the Spencer Circuit Court Reporter with the Indiana Supreme Court and is part of the record

herein.

REASONS TO DENY THE PETITION

The Indiana Supreme Court correctly found that Ward had not

received a fair trial and that the trial court erred in not granting

a change of venue.

A. Ward objected at every opportunity to the bias and prejudice of the Spencer County

venue and jury.

The State of Indiana asserts that “Ward was first heard to object to the impartiality of his

jury on appeal following his conviction and sentence.” [Petition for Writ of Certiorari, p. 5).

According to Indiana, because there was no objection, Beck v. Washington, 369 U.S. 541, 557-58

(1962) bars Ward relief.

Indiana's assertion that Ward failed to object is flatly untrue. The Indiana Supreme Court

would have refused to hear the issue had it been waived in the trial court. Brown v. Indiana, 783

N.E.2d 1121, 1126 (Ind. 2003). On five occasions and at all stages of his trial Ward objected to

being tried in Spencer County, Indiana and questioned the venue’s impartiality. Months prior to

trial Ward filed a Verified Motion for Change of Venue from the County or, in the Alternative, to

Draw the Jury from Residents of Another County [App. v.8, p.1835]. The motion was based on

the “vicious and lurid nature” of the crime, expressed public outrage, news coverage and public

knowledge, or speculation, of Ward’s background. These conditions, Ward asserted, were

“continuing and pervasive” in Spencer county and its adjoining counties [App. v.8, pp. 1836].

After the trial court denied Ward further discovery for the venue hearing Ward withdrew the

motion.

Ward re-filed an identical Motion for Change of Venue a few weeks later, but still

months before trial [App. v. 8, p. 2029]. Ward orally renewed the motion the first day of trial

(Tr. vol. 1, pp. 3-4]. During jury selection, after exhausting all of his peremptory challenges,

Ward’s request for additional challenges was denied [Tr. vol. VI, pp. 950-51; vol. VII, pp. 1038-

40]. Prior to evidence being presented, Ward orally renewed his request for a change of venue

[Tr. vol. VII], pp. 1058-60] and he renewed the motion at the conclusion of all the evidence in

the Guilt Phase. [Tr. vol. XIII, pp. 1983-85].

B. Beck v. Washington Does Not Make Irvin v. Dowd Inapplicable to Ward’s Case

Indiana argues that the Indiana Supreme Court read /rvin v. Dowd “in isolation” without

also looking to Beck v. Washington which “clarified” /rvin [Petition for Writ of Certiorari, p. 7].

Irrespective of its various divisions and subdivisions, Indiana’s argument is that Ward must

prove, but cannot, that the jurors seated at his trial were biased, prejudiced and incapable of

returning an impartial verdict. According to Indiana, the overall community sentiment from

which the seated jurors were drawn is of no import. Indiana cites to Beck v. Washington as

authority. This argument is without merit.

In Beck v. Washington, this Court compared Beck’s claim to that in /rvin v. Dowd,

finding that in Irvin’s case,

[SJensational publicity adverse to the accused permeated the small

town in which he was tried, the voir dire examination indicated

that 90% of 370 prospective jurors and two-thirds of those seated

on the jury had an opinion as to guilt, and the accused

unsuccessfully challenged for cause several persons accepted on

the jury. The fact that [Beck] did not challenge for cause any of the

jurors so selected is strong evidence that he was convinced the

jurors were not biased and had not formed any opinions as to his

guilt.

ive

The Indiana Supreme Court correctly followed the precedent of

Irvin v. Dowd in finding Ward did not receive a fair trial.

Indiana next argues that the Indiana Supreme Court significantly departed from this

Court’s precedent when it found Ward had not been afforded an impartial jury. This argument is

also without merit. The Indiana Supreme Court wrote a well researched and reasoned opinion

which cited to numerous juror quotes found in the trial record.

The Indiana Supreme Court unanimously reversed Ward's conviction based upon “a

showing of a general atmosphere of prejudice throughout the community” [Petition for Writ of

Certiorari, App. p. 12a]. The supreme court found there was overwhelming evidence of

community bias and that the passions stirred by the young girl’s brutal murder had not calmed

nor cooled. Based on these findings, the supreme court found that Ward had been denied a fair

and impartial trial.

The supreme court analyzed in detail the extensive evidence relevant to the jury pool’s

knowledge, opinions and attitudes [Petition for Writ of Certiorari, App. pp. 4a-9a]. The supreme

court found that juror “questionnaires revealed the pervasive nature of the pretrial publicity, the

extent of the community’s knowledge about this case, and its understandable outrage.” [Petition

for Writ of Certiorari, App. p. 5a]. As stated by a venire inember, “unless you live under a rock

you have heard a lot about this case . . . everyone was talking about it - you couldn’t go

anywhere!” [Petition for Writ of Certiorari, App. p. Sa].

As in /rvin, the Indiana Supreme Court did not find that individual jurors were necessarily

biased, nor media coverage decisive, but that “the critical inquiry is whether overall community

bias and prejudice exist such that Ward was denied a fair trial.” [Petition for Writ of Certiorari,

App. p. lla]. Throughout the proceedings, Ward consistently referred not only to media

coverage, but conversation and dissemination of information within the small community and

county.

Relying upon state court precedent, the supreme court noted a “presumption that juror’s

voir dire is truthful.” Brown v. State, 563 N.E.2d 103, 105 (Ind. 1990). However, relying upon

Murphy v. Florida, 421 U.S. 794 (1975), found that the presumption could be overcome.

Indiana mentions Murphy v. Florida, 421 U.S. 794 (1975), a case which post dates both

Irvin and Beck only in passing. In Murphy, this Court stated,

In » community where most veniremen will admit to a

dis ,ualifying prejudice, the reliability of the others’ protestations

may be drawn into question; for it is then more probable that they

are part of a community deeply hostile to the accused, and more

likely that they may unwittingly have been influenced by it.

Id. at 803.

Irvin v. Dowd, 366 U.S. 717 (1961) and the instant case are factually strikingly similar.

Most jury pool members said they could set aside any preconceived opinion of guilt. Yet, the

prevailing community sentiment indicated a build-up of prejudice. The trial was a cause celebre

in the “small community-so much so that curbstone opinions, not only as to . . . guilt but even as

to what punishment he should receive, were solicited and recorded on the public streets...” News

accounts contained details of the crime and of Ward’s criminal history. In short, the prospective

juror’s were from a small community, asked to decide a high profile murder cases, while

passions were still running high over the crimes. /d. at 724-28.

Ward’s case, as in /rvin, involved a murder conviction and a death sentence. /d. at 718.

Even though the /rvin trial court may have denied the defendant’s three motions for change of

venue and eight motions to continue the trial, based upon an interpretation of the controlling

Indiana statute at the time, /d. at 720, the /rvin Court considered the case upon prevailing Indiana

precedent. In the face of the statute, “the Indiana Supreme Court held that if it was “made to

appear after attempt has actually been made to secure an impartial jury that such jury could not

be obtained in the county of present venue...it becomes the duty of the judiciary to provide to

every accused a public trial by an impartial jury, even though to do so the court must grant a

second change of venue and thus contravene [the statute] . . .”” /d. at 721, quoting State ex rel.

Gannon vs. Porter Circuit Court, 239 Ind. 637, 642, 159 N.E.2d 713, 715 (1959). Irvin was

decided simply upon the merits of the defendant’s ability to obtain a fair trial in the county to

which the case was venued. The fact that the trial court may have felt prohibited from granting

the second change does not appear to effect the court’s analysis in such a way that it makes the

case inapplicable to Ward’s. This Court judged tie veracity of juror’s responses against the

template of the circumstances surrounding the trial. /rvin, 366 US.at 727-28.

In Ward's case, a hostile community environment existed and was evidenced outside the

courtroom. On August 30, 2002, a little more than a month before the trial was scheduled to

begin, te judge forcefully and sternly admonished those in the courtroom over an incident that

occurred earlier in the day. As Ward was being escorted into the courthouse there were shouts

and the judge thought some people had to be restrained [Tr.8/30/02, p. 38]. Only 38 days later the

parties would try to pick a fair and unbiased jury to decide Ward's fate: whether he lived or died.

The Indiana Supreme Court correctly held that, “With his life at stake, . .. the

Constitution requires that the defendant ‘be tried in an atmosphere undisturbed by so huge a

wave of public passion and by a jury other than one in which [one half] of the members admit,

before hearing any testimony, to possessing a belief in his guilt.’” [Petition for Writ of Certiorari,

p. 12a].

CONCLUSIGN

The petition for writ of certiorari should be denied.

Respectfully submitted,

Yfoeecupubt

init gins Y dingcourt

Counsél of Record

Steven E. Ripstra , f,

June 10, 2005

' Lorinda Meier Youngcourt, Attorney at Law

Post Office Box 206 % Huron, Indiana 47437-0206

Phone 812-849-9852 % Fax 812-849-1294

Sent by Federal Express

June 10, 2005

William 1 .. Suter, Clerk

Supreme Court of United States

One 1st St NE

Washington, D.C. 20543

Re: _—_ State of Indiana v. Roy Lee Ward; 04-1153

Dear Mr. Suter:

Enclosed you will find an original and eleven (11) copies of Roy Lee Ward’s

Motion to Proceed In Forma Pauperis, Brief in Opposition to the State of Indiana’s Petition

for Writ of Certiorari to the Indiana Supreme Court, and Proof of Service for filing in the

above referenced cause.

You will also find enclosed a self-addressed stamped for your ease in returning a

file stamped copy of the motion to me for my file. Thank you for your time and

cooperation in this matter.

No. 04-1153

IN THE

SUPREME COURT OF THE UNITED STATES

THE STATE OF INDIANA,

Petitioner,

Roy LEE WARD,

Respondent.

On Petition for a Writ of Certiorari to the

Indiana Supreme Court

PROOF OF SERVICE

I, Lorinda Meier Youngcourt, do swear or declare that on this date, June 10, 2005, as

required by Supreme Court Rule 29, I have served the enclosed MOTION FOR LEAVE TO

PROCEED IN FORMA PAUPERIS and RESPONDENT’S BRIEF IN OPPOSITION on each

party to the above proceeding or that party’s counsel, and on every other person required to be

served, by depositing an envelope containing the above documents in the United States mai!

properly addressed to each of them and with first-class postage prepaid, or by delivery to a third-

party commercial carrier for delivery within 3 calendar days.

The names and addresses of those served are as follows:

Steve Carter, Stephen R. Creason, and James B. Martin, Office of the Attorney

General, Indiana Government Center South, Fifth Floor, 302 W Washington

Street, Indianapolis, IN 46204.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on June 10, 2005.

Lyegunrs-

Lorindd Meier Youb&court

ORIGINAL dln

No. OD 5- a> >.

IN THE

SUPREME COURT OF THE UNITED STATE®

: -

DAV IP “Dc Cualielm o, Je einderdec 4

—PETITIONER = / ri

(Your erm) (

Lures DRING A RESPONDEN1 (3)

MOTION FOR LEAVE TO PROCEED IN FORMA PAl\I ot! ag

Spynse

The petitioner asks leave to file the attached pots 2 writ of certiorari

without prepayment of costs and to proceed in forma pauperis.

[ ] Petitioner has previously been granted leave to proceed in forma pauperis

in the following court(s):

My Petitioner has not previously been granted leave to proceed in forma

pauperis in any other court.

Petitioner’s affidavit or declaration in support of this motion is atta thed hereto.

» lie Fan (Ga !

(Sic nature)

AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED JN FiXRMA PAUPERIS

I, Tis Da MS. on, am tnd SE in the above-en‘itled case. In support of

my motion to proceed in forma pauperis, I state that because of ray pc verty I am unable to pay

the costs of this case or to give security therefor; and I believe I am extitled to redress.

1. For both you and your spouse estimate the average amount of money received from each of

the following sources during the past 12 months. Adjust amy ariount that was received

weekly, biweekly, quarterly, semiannually, or annually to show’the :aonthly rate. Use gross

amounts, that is, amounts before any deductions for taxes or otmerw se.

income source Average monthly amount during Amourit expected

the past 12 months ner? tronth

You . Spouse You Spouse

Employment $A) vA'% $ p01? : On @ $ LON

: 4

Self-employment gi! i/ $ u | vy su g Ni /

Income from real property ¢ 5 ge Sa Ge WEY. $._\U w Sai t/

(such as rental income)

interest and dividends $_u | Tee Ot Z gUlU ¢ lu

Gifts $_U if: > * | L/ $4) | // g Nii

Alimony tdi. et Y. EMAL eC oh

Child Support $V Yee OG Agee a Pe, ¢ il liv

Retirement (such as social $_ Ul // ns ee 2! eee ee ee

security, pensions, ‘ some

annuities, insurance)

Disability (such as social s\\ i/ gift t/ gi“ og WU IY

security, insurance payments) \ | .

Unemployment payments gs Ul] YY gill $f // ¢_\l | f

Public-assistance $ u| Ae OE ee

Other (specify): 4 Nt ¢ Ki l/ $ i) t/ g MY ¢ ili Il

(such as welfare) |

Total monthly income: $

2. List your employment history for the past two years, most recent :irst. (Gross monthly pay

is before taxes or other deductions.)

Employer Address Dates of Gross monthly pay

see ; Employment .

Pow 2 ASON VU POOW 2 A $ y ers) & tm ™

.. | $ j

Bs | DS $ L

8. List your spouse’s employment history for the past two years, most recent employer first.

(Gross monthly pay is before taxes or other deductions.)

Employer Address Dates of Gross monthly pay

Employment

PON 1 UN % paystera 5 DONS

| $ ae

| oe

4, How much cash do you and your spouse have? $__—_ 4/2?“

Below, state any money you or your spouse have in bank accoun:: or in any other financial

institution.

Financial institution Type of.account Amount you have Anount your spo

WOK ype 5 m4 ¢ yo ;ount your spouse has

b LON 7 $ pon’

| $ peer

: $ | Rauch

5. List the assets, and their values, which you own or your spouse «vns. Do not list clothing

and ordinary household furnishings.

C) Home Soe CJ Other real estate

Value A’VAlT Value HOW &

Year, make & mode]__*’' > Year, make & model WOW

Value VON

Value WON %

C Other assets obs ae

Description - yp OF

Value VDL

6. State every person, business, or organization owing you or you spouse money, and the

amount owed.

Person owing you or Amount owed to you Amou 1t owed to your spouse

your spouse money :

VDOT $ yw OVW te S$ WsOw x2

a \ | / $ A / / > \ / /

eee $ ese? $ ha eg

7. State the persons who rely on you or your spouse for support.

Name Relationship Age

0% JUOW & KOK

NT] l/ \{ cf \l i /

rn t/ I (/ ss cs L/

8. Estimate the average monthly expenses of you and your family. Sh:iw separately the amounts

paid by your spouse. Adjust any payments that are made weelly, biweekly, quarterly, or

annually to show the monthly rate.

You Your spouse

Rent or home-mortgage payment :

(include lot rented for mobile home) Nt § KDE

Are rea] estate taxes included? OYes [No

Is property insurance included? Yes (No

Utilities (electricity, heating fuel,

water, sewer, and telephone) $ MY =—s gg Hy’

Home maintenance (ropairs and upkeep) Spee AO

Food g AOnv4. ~~ AJORS

Clothing g VIX ee a

Laundry and dry-cleaning $ MMe A “ = "ae RL OWS

Medical and dental expenses $ fw L re ae WONS

You

Transportation (not including motor vehicle payments) MIVA

Recreation, entertainment, newspapers, magazines, ete. $ U0 mw

Insurance (not deducted from wages or included in mortgage payment ;)

Homeowner’s or renter's $ VEY

Life SIS _

Health g AOA

Motor Vehicle g Von Gq

Other: __ 00)“ $_ Wp %

Taxes (not deducted from wages or included in mortgage payments)

(specify. Ab 4 ¢ Vone

Installment payments |

Motor Vehicle S$ AoW tt

Credit card(s) $2)"

Department store(s) $HORT

Other: § LOA 4 $ Aswr

Alimony, maintenance, and support paid to others g¢$ VIeQ

Regular expenses for operation of business, profession, y

or farm (attach detailed statement) s_/Vo nw"

Other (specify): Wb w4 s_Aen 4

Total monthly expenses: gon

9. Do you expect any major changes to your monthly income or expe:ises or in your assets or

liabilities during the next 12 months?

C2 Yes No If yes, describe on an attached sheet.

10. Have you paid - or will you be paying — an attorney any money fo: services in connection

with this case, including the completion of this form? ( Yes )

If yes, how much?

If yes, state the attorney's name, address, and telephone number:

11. Have you paid—or will you be paying—anyone other than an attorr ey (such as a paralegal or

a typist) any money for services in connection with this case, includ ‘ng the completion of this

form?

0 Yes No

If yes, how much?

If yes, state the person’s name, address, and telephone number:

12. Provide any other information that will help explain why you cannoli pay the costs of this case.

5 have beew wc arceratoad for The

TwesTy ~yfars P Bs have Md INC

me ish ot ry) BT pir! &e fp: Sy,

OMe War Aw ae

I declare under penalty of per} foregoing is true and correct

Executed on: 3 GS 1S . 2005

x Li vy, > Aut fiSC

( ignature)

NO. 05-25

IN THE SUPREME COURT OF THE UNITED STATES

DAVID DiGUGLIELMO; THE DISTRICT ATTORNEY OF

THE COUNTY OF PHILADELPHIA; THE ATTORNEY

GENERAL OF THE COMMONWEALTH OF

PENNSYLVANIA,

Petitioners,

CURTIS BRINSON,

Respondent.

On Petition for Writ of Certiorari to the

United States Court of Appeals for the Third Circuit

BRIEF IN OPPOSITION TO

PETITION FOR WRIT OF CERTIORARI

NORRIS E. GELMAN, ESQUIRE

ATTORNEY FOR RESPONDENT BRINSON

THE PUBLIC LEDGER BUILDING

620 CHESTNUT STREET

SUITE 940

PHILADELPHIA, PA. 19106

215 - 574-0513

ATTORNEY ID # 14223

WN <p .

a ORIGINAL sm |

No, _2 Ea 2.

IN THE

SUPREME COURT OF THE UNITED STATE!

—PETITIONER

VS.

LURES TINS 0 RESPONDEN1(

MOTION FOR LEAVE TO PROCEED IN FORMA PAI!PERIS

Spon se

The petitioner asks leave to file the FOE a ca 4, writ of certiorari

without prepayment of costs and to proceed in forma pauperis,

[ ] Petitioner has previously been granted leave to proceed in forma pauperis

in the following court(s):

asi

f/f

[ ] Petitioner has not previously been granted leave to proceed in forma

pauperis in any other court.

Petitioner’s affidavit or declaration in support of this motion is atta shed hereto.

a #2 \

(Siz nature)

AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED !N Fi0XRMA PAUPERIS

3 Luc RTS DRinSo, am ne in the above-eniitled case. In support of

my motion to proceed in forma pauperis, I state that because of ray px verty I am unable to pay

the costs of this case or to give security therefor; and I believe I am extitled to redress.

1. For both you and your spouse estimate the average amount of money received from each of

the following sources during the past 12 months. Adjust any sraount that was received

weekly, biweekly, quarterly, semiannually, or annually to show the :nonthly rate. Use gross

amounts, that is, amounts before any deductions for taxes or otherw se.

income source Average monthly amount during Amoui it expected

the past 12 months next tronth

You . Spouse You Spouse

Employment sie gHOnt ¢ DORKS ¢5 DON

Self-employment alten 20 Fite guts os U $ | U/

Income from real property Satis ORE demas Ge" 2 BF, $ Uy $ Aw

(such as rental income)

interest and dividends $_u Fie eS Sarr eee eo cs ( U

Gitts Sul if guj i a He eT Seige SSS. 2 DE

Alimony Ct a ge a ge A ei

Child Support ae ee eee 5 ee eee en ory See com ee

Retirement (such as social g Uf $ 4 l/ ¢_ Ny / g Hl diy

security, pensions,

annuities, insurance)

Disability (such as social

security, insurance payments)

Unemployment payments

Public-assistance

(such as welfare)

Other (specify): __ !OU AV r

hey Lt} é i

Total monthly income: § u| So ey Th wt g tl \ii

2. List your employment history for the past two years, most recent ‘irst. (Gross monthly pay

is before taxes or other deductions.)

Employer Address Dates of Gross monthly pay

. Employment

302 AIOW LT MOCk) 2 g ROO

| $ i i

Ls 3 ie ee

8. List your spouse’s employment history for the past two years, rmost recent employer first.

(Gross monthly pay is before taxes or other deductions.)

Employer Address Dates of Gross monthly pay

) Employment

pond wn) Done, g LONG

| \ s__|

s \ Ricak

4, How much cash do you and your spouse have? $__ 4/2“

Below, state any money you or your spouse have in bank account: or in any other financial

institution.

Financial institution Type of account Amount you have Ariount your spouse has

WIA ‘Ll NOD $ MOOR i! $. riya @ 4

| Seat Be acd

Z | _ aa ea

5. List the assets, and their values, which you own or your spouse «ryns. Do not list clothing

and ordinary household furnishings.

DC Home Cl Other real estate —

Value Ua} 7 Value #9 OY

CO) Motor Vehicle #1 re ZC Motor Vehicle #2

Year, make & model i Year, make & model WOW

Value VOW 2 Value Won

() Other assets : a

Description WOW %

Value HOA

6. State every person, business, or organization owing you or yow' spouse money, and the

amount owed.

Person owing you or Amount owed to you Amau it owed to your spouse

your spouse money

DONT $ Wow & $_ B/C S

\\ | / $ Mt Fy $ \ / m4

LL // $ Al fy $ \l L/

7. State the persons who rely on you or your spouse for support.

Name Relationship Age

oI JUON & sh Ae See

uf 1/ \{ (/ oe \l i/

(\ 1/ \{ co DEUS, LL

8. Estimate the average monthly expenses of you and your family. Sh:iw separately the amounts

paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or

annually to show the monthly rate.

You Your spouse

Rent or home-mortgage payment

(include lot rented for mobile home) ge VYOYN2 #£¢ adne

Are real estate taxes included? OYes [No

Is property insurance included? O)Yes (No

Utilities @lectricity, heating fuel, | eur

water, sewer, and telephone) S Mowe ¢ VdY <

Home maintenance (repairs and upkeep) QADw lt = --@ pon ?

Food gs 044 8 g W0NS

Clothing g ve * :: wee Sees Is 8

Laundry and dry-cleaning g Aen 4 ¢$_ NO}o

Medical and dental expenses ¢ Ain % a

You Your spouse

Transportation (not including motor vehicle payments) $_A0% g_ VON %

Recreation, entertzinment, newspapers, magazines, ett. $00 ni $ NIWA

Insurance (not deducted from wages or included in mor ze payments)

Homeowner’s or renter’s 6 Vb g_ bON4

Life g dws g FONG

Health $_L0OW] -g_ NOUS

Motor Vehicle $ Add g GI

Other: _ 00 »'% tins ~ NON*

Taxes (not deducted from wages or included in mortgage payments)

(specify): Ab 24 ¢ Vine $ NIN

Installment payments

Motor Vehicle $ Won td g Hi AA

Credit card(s) $ UWS s NOK

Department store(s) ¢ Vbnp2 ¢ NIA

Other: WOA4 gs posed ¢ Ins

Alimony, maintenance, and support paid to others g¢ VIN $__ 0 4

Regular expenses for operation of business, profession,

or farm (attach detailed statement) ¢ ont ¢ ON4

Other (specify): WbN4 gs A2n4 g Nop

Total monthly expenses: ¢ VOWD gg NON”

9, Do you expect any major changes to your monthly income or expa@:ises or in your assets or

liabilities during the next 12 months?

CO Yes No If yes, describe on an attached sheet.

10. Have you paid - or will you be paying - an attorney any money for services in connection

with this case, including the completion of this form? Yes [S{No

If yes, how much?

If yes, state the attorney’s name, address, and telephone number:

11. Have you paid—or will you be paying—anyone other than an attorney (such as a paralegal or

a typist) any money for services in connection with this case, iclid:ng the completion of this

form?

O Yes WNo

If yes, how much?

If yes, state the person’s name, address, and telephone number:

12. Provide any other information that will help explain why you cannot pay the costs of this case.

Jt have brew ivoar ceratoal “fy The par!

FweiTy “yrars, a have Nd INCE2ML War ny

Means ot DO. 49 ht AE? = Ov >

I declare under penalty of} OEE that the foregoing is true and correct.

Exeetad on: _3/ A oe

(Lae Arua WC

(Signature)

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