Brown v. Russell

Filing 20

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioner Deraughn Brown's Motion Requesting Permission to Submit Supplement Reply Brief (Doc. 17 ) is GRANTED. IT IS FURTHER ORDERED that Petitioner's motion entitled "Consideration of Evidentiary Hearing" (Doc. 18 ) is DENIED, without prejudice.. Signed by District Judge John A. Ross on 10/2/15. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DERAUGHN BROWN,
Petitioner,
v.
JAMES HURLEY1,
Respondent.

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No. 4:13-cv-01515-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner Deraughn Brown’s Motion Requesting
Permission to Submit Supplement Reply Brief (Doc. 17). Petitioner seeks leave to file a
supplemental reply brief to clarify/correct deficiencies in arguments already presented in his
reply brief. For good cause shown, the Court will grant Petitioner’s Motion.
Petitioner also filed a motion entitled “Consideration of Evidentiary Hearing” in which he
requests an evidentiary hearing (Doc. 18). Petitioner asserts that this is not a matter that could be
resolved based on the state court record because his claims were not presented in state court due
to post conviction relief counsel’s ineffectiveness. Petitioner also argues that the Court should
consider a hearing because there are relevant facts in dispute on this “insufficient record”.
Specifically, Petitioner notes that he and Respondent are in dispute about counsel’s testimony at
the post-conviction hearing regarding whether counsel discussed the potential of a lesserincluded offense. This is Petitioner’s second such motion. Again, at this stage of the litigation, it

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Petitioner is currently incarcerated at Northeast Correctional Center (“NECC”) in Bowling
Green, Missouri. James Hurley is the current Warden and proper party respondent. See 28
U.S.C. § 2254, Rule 2(a).

appears that the state court record contains sufficient facts to make an informed decision on the
merits of Petitioner’s claims. Petitioner is further advised that the “state court record” contains
portions of his post-conviction file including a transcript of the evidentiary hearing. If the Court
later determines that this record is insufficient to resolve the issues, the Court will schedule an
evidentiary hearing. Therefore, the Court will deny Petitioner’s motion at this time.
Accordingly,
IT IS HEREBY ORDERED that Petitioner Deraughn Brown’s Motion Requesting
Permission to Submit Supplement Reply Brief (Doc. 17) is GRANTED.
IT IS FURTHER ORDERED that Petitioner’s motion entitled “Consideration of
Evidentiary Hearing” (Doc. 18) is DENIED, without prejudice.
Dated this 2nd day of October, 2015.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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