Jonathan Cooper v. Allen Beard, Jr.

Summary

The United States District Court for the Eastern District of Tennessee ruled on a respondent’s motion concerning the filing of sealed state-court post-conviction exhibits and the petitioner’s renewed motion for appointment of counsel in a 28 U.S.C. § 2254 proceeding. The court denied waiver of the complete state-court record but permitted the specified sensitive exhibits to be filed ex parte and under seal, and denied appointment of counsel without prejudice to sua sponte appointment if an evidentiary hearing becomes necessary.

Holdings

1. The court denied the request to waive filing of the complete state-court record because the sealed exhibits could be relevant to the petitioner's ineffective-assistance-of-counsel and Brady claims and to review under 28 U.S.C. § 2254(d)(2). The court permitted the specified exhibits to be filed ex parte and under seal because their highly personal nature and limited prior disclosure established good cause.
2. The renewed motion for appointment of counsel was denied because it was unsigned in violation of Federal Rule of Civil Procedure 11(a), and the court had already determined that the sealed evidence could be filed and reviewed in the federal proceeding. The court retained authority to appoint counsel sua sponte if an evidentiary hearing became necessary.

Questions Presented

1. Whether the respondent should be permitted to waive filing the complete state-court record or instead file specified sensitive exhibits ex parte and under seal.
2. Whether the petitioner was entitled to renewed appointment of counsel in the non-capital § 2254 proceeding.

Disposition

other