Appeals of Benedict, et al.

Appeals of §261.10(k) convictions at the Cranberry Trials, 4 Appellants w/ 5 cases: Derek Benedict, 2:05cr22 ... Jessica Healy, 2:05cr23,-25 ... Virginia Gardner, 2:05cr24 ... Amanda Nichols, 2:05cr26. Consolidated appeals represented by Attorneys Patrick Cassidy, Kevin Flanagan (Wheeling, WV). Separate filings were required for each of the consolidated cases on appeal; similar docs were filed together, often repeating the hard content.

Notice of Appeal, Nichols - July '05 by Scottie Addison — last modified 2010-01-02 08:10 PM

In Federal Court, a defendant must file Notice of Appeal within 10 days after a trial conviction. Amanda Nichols came out of her 6/28 Cranberry trial mad enough to fight back, followed up and got this done... a good sample doc, and a good example.

2nd Motion to Stay Time for Filing of Briefs... (D. Benedict #22) - filed 2/27/06 by Scottie Addison — last modified 2010-01-02 09:31 PM

Appellants' 2nd Motion to allow more time for filing of Briefs - due to the lack of written trial transcripts and the low-quality, unindexed audio cassettes provided by the court. There were persistent problems with the trial record, making it harder for attorneys to prepare the appeals. Similar Motions were filed for the other joined Appellants, keyed on the Transcript Requests of Jessica Healy, which covered both group trials in question. This is identical to that filed for V. Gardner (#24)... only the names & numbers are different.

2nd Motion to Stay Time for Filing of Briefs... (J. Healy #23) - filed 2/27/06 by Scottie Addison — last modified 2010-01-02 09:09 PM

The same Motion was filed for Healy's other case (#25), covering her group trial with these co-Appellants.

2nd Motion to Stay Time for Filing of Briefs... (A. Nichols #26) - filed 2/27/06 by Scottie Addison — last modified 2010-01-02 09:25 PM

The Nichols Motion differed in some language, added points on costs & burdens on appellants.

Appellant's Brief_D. Benedict #22 - 3/29/06 by Scottie Addison — last modified 2010-01-02 09:33 PM

Appellant's Brief for Derek Benedict (#2:05cr22)... identical briefs were filed on behalf of Jessica Healy (with 2 cases on appeal), Virginia Gardner, and Amanda Nichols

Appellant's Brief_J. Healy #23 - 3/29/06 by Scottie Addison — last modified 2010-01-02 09:34 PM

 

Appellant's Brief_V.Gardner #24 - 3/29/06 by Scottie Addison — last modified 2010-01-02 09:37 PM

 

Appellant's Brief_J.Healy #25 - 3/29/06 by Scottie Addison — last modified 2010-01-02 09:35 PM

 

Appellant's Brief_A.Nichols #26 - 3/29/06 by Scottie Addison — last modified 2010-01-02 09:38 PM

 

Government Brief_D. Benedict #22 - 9/27/06 by Scottie Addison — last modified 2010-01-03 03:59 AM

Feds' Responding Brief re: Benedict Appeal # 2:05-cr-22, filed by Asst. U.S. Attorney Steve Warner, Elkins. (Reportedly the same Brief was filed for co-Appellants Healy, Gardner, and Nichols.)

Appellant's Reply Brief_Benedict - 11/30/06 by Scottie Addison — last modified 2010-01-03 04:06 AM

Closing Brief in Reply to Fed Brief re: Benedict. Reportedly the parallel filings for co-Appellants were the same - to be confirmed.

Govt Motion to Dismiss Appeal (Healy) - 1/27/10 by Scottie Addison — last modified 2010-02-11 04:21 AM

 

- Govt's Proposed Order (Healy) - 1/27/10 by Scottie Addison — last modified 2010-02-11 04:25 AM

 

Govt Motion to Dismiss Appeal (Nichols) - 1/27/10 by Scottie Addison — last modified 2010-02-11 04:32 AM

 

- Govt's Proposed Order (Nichols) - 1/27/10 by Scottie Addison — last modified 2010-02-11 04:33 AM

 

Appellant's Response to Motion to Dismiss (Benedict) - 2/3/10 by Scottie Addison — last modified 2010-02-11 04:34 AM

 

Appellant's Response to Motion to Dismiss (Healy#23) - 2/3/10 by Scottie Addison — last modified 2010-02-11 04:30 AM

 

Appellant's Response to Motion to Dismiss (Nichols) - 2/3/10 by Scottie Addison — last modified 2010-02-11 04:36 AM

 

Order - all cases Dismissed, 10fe10 by Scottie Addison — last modified 2010-02-11 04:38 AM