Case Number CR 99-1060 filed at this court on 09/10/1999

Case Category: POST CONVICTION - DEATH

Case Caption:
DAMIEN WAYNE ECHOLS
V
STATE OF ARKANSAS

Damien Wayne Echols
(ACTIVE) Appellant's Counsel:
E. Alvin Schay - LEAD
Deborah Ruth Sallings - LEAD
Edward A Mallett - LEAD
Robert C Owen - LEAD
Dennis P Riordan - LEAD
Donald M Horgan - LEAD
Theresa A Gibbons - LEAD

Conviction Information:
Convicted of: POST CONVICTION/RULE 37
Sentence: 000-00-000 (yyy-mm-ddd)
Sentence Type ?????????

State Of Arkansas (ACTIVE) Appellee's counsel:
Attorney General - LEAD

Trial Court: Craighead
Craighead Circuit, Western District

Trial Court Number: CR93-450, CR93-450A

Trial Judge: Charles David Burnett

------- EVENT LISTING --------

02/24/2005 Letter Orders - Supreme Court

02/24/2005 Mandate to Governor, Clerk & AG

02/24/2005 Supplemental Opinion Issued
ACTION = OTHER OPINION ACTION (MISC)
Opinion Date - 02/24/05 Consist of 0 pages, Cite Number - Publish - Yes
Thomas Glaze -- WRITING
Petition for Rehearing Denied; Supplemental Opinion Issued.
Petition for rehearing denied; supplemental opinion issued.

02/14/2005 Response to Petition for Rehearing

02/07/2005 Petition for Rehearing - Damien Wayne Echols
Submitted to the court on - 2/17/05
Action = DENIED on 02/24/05
Appellant's Attorney - Dennis Riordan
Petition for rehearing denied; supplemental opinion issued.

01/20/2005 Letter Orders - Supreme Court
Submitted to the court on - 01/13/05
Appellant's Attorney - Dennis Riordan

01/20/2005 Majority Opinion Rendered
ACTION = OTHER OPINION ACTION (MISC)
Opinion Date - 01/20/05 Consist of 0 pages,
Cite Number - Publish - yes
Thomas Glaze -- WRITING
Motion Denied. Imber, J., concurs.
Petitioner's Motion to Recall the Mandate and to Reinvest Jurisdiction in the Trial Court to Consider Petition for Writ of Error Coram Nobis or for Other Extraordinary Relief. Motion Denied. Imber, J., concurs.

01/20/2005 Opinion Panel
Thomas Glaze -- WRITING

01/13/2005 Supreme Court Votesheet Issued

01/13/2005 Case Submitted
Submitted to the court on - 01/13/05

12/20/2004 Reply to Response to Motion to Recall Mandate
Appellant's Attorney - Dennis Riordan

12/13/2004 Response to Motion to Recall the Mandate - St
Appellee's Attorney - Attorney General
Response to motion to recall the mandate and to reinvest jurisdiction in the circuit court to consider petition for writ of error coram nobis or for other extraordinary relief.

12/02/2004 Response Time Commenced on Motion to Recall Man t
This event was tickled for 12/13/04
Appellee's Attorney - Attorney General

12/02/2004 Letter Orders - Supreme Court
Appellant's Attorney - Dennis Riordan

12/02/2004 Motion to File Exhibits Under Seal - Damien W
Submitted to the court on - 01/13/05
Action = GRANTED on 01/20/05
Appellant's Attorney - Dennis Riordan
Petitioner's motion to file under seal certain exhibits proffered in support of motion to recall the mandate and to reinvest jurisdiction in the trial court to consider petition for writ of error coram nobis and other extraordinary relief. Motion granted.

12/02/2004 Motion to Recall the Mandate - Damien Wayne
Action = OTHER on 12/02/04
Appellant's Attorney - Dennis Riordan
Petitioner's motion to recall the mandate and to reinvest jurisdiction in the trial court to consider petition for writ of error coram nobis or for other extraordinary relief. Motion to be submitted as a case. State's response to petitioner's motion due on December 13, 2004; reply to response due 5 days after.

11/30/2004 Tendered Response to Motion to Recall Mandate
Appellee's Attorney - Attorney General

10/29/2004 UNDER SEAL - ONE ENVELOPE EXHIBITS
(tendered with motion to file exhibits under seal)

10/29/2004 Tendered Motion to File Exhibits Under Seal
Tendered petitioner's motion to file under seal certain exhibits proffered in support of motion to recall the mandate and to reinvest jurisdiction in the trial court to consider petition for writ of error coram nobis and other extraordinary relief.
(pending ruling on motion to practice by comity).

10/29/2004 Tendered Motion to Recall Mandate
Tendered motion to recall the mandate and to reinvest jurisdiction in the trial court to consider petition for writ of error coram nobis or for other extraordinary relief.
(pending ruling on motion to practice by comity).

10/21/2004 Motion to Practice by Comity
Submitted to the court on - 11/04/04
Motion of Dennis P. Riordan, Donald M. Horgan, and Theresa A. Gibbons for permission to practice by comity.
10-19-04. Affidavits and certificates of good standing received.
12-02-04. Motion of Dennis P. Riordan, Donald M. Horgan, and Theresa A. Gibbons for permission to practice by comity is granted.

02/20/2004 Attorney's Fees and Costs - Supreme Court
Appellant's Attorney - E. Alvin Schay

12/11/2003 Mandate to Clerk, Governor & AG

12/11/2003 Letter Orders - Supreme Court
Submitted to the court on - 12/04/03
Appellant's Attorney - Robert Owen

11/19/2003 Response to Rehearing - State Of Arkansas
Appellee's Attorney - Attorney General

11/14/2003 Petition for Rehearing - Damien Wayne Echols
Submitted to the court on - 12/04/03
Action = DENIED on 12/11/03
Appellant's Attorney - Robert Owen
Petition for rehearing is denied.

10/30/2003 Majority Opinion Rendered
ACTION = Affirmed
Opinion Date - 10/30/03 Consist of 0 pages,
Cite Number - Publish - yes
Donald Corbin -- WRITING

10/30/2003 Opinion Panel
Donald Corbin -- WRITING

10/02/2003 Case Submitted - Orally Argued

10/02/2003 Supreme Court Oral Argument Issued for
REGULAR DOCKET scheduled for 10/02/03 at A.M. - ORAL Argument.

10/02/2003 Supreme Court Votesheet Issued

10/01/2003 Additional Case(s) Cited for Oral Argument -
Appellant's Attorney - Robert Owen

09/11/2003 Record Checkout by Atty. of Record - State Of. k
Appellee's Attorney - Attorney General
Number of Volumes 14
Number of Sets 0
8 envelopes of exhibits

06/19/2003 Per Curiam Order
Action = FINALEXT on 06/19/03
Motion to extend stay of proceedings. Granted 70 days; final extension. See per curiam this date. Corbin, J., not participating.

06/19/2003 Letter Orders - Supreme Court
Submitted to the court on - 06/12/03
Appellant's Attorney - Robert Owen

05/28/2003 Motion to Extend Stay of Proceedings Until Co
Submitted to the court on - 06/12/03
Action = FINALEXT on 06/19/03
Appellant's Attorney - Robert Owen
Motion to extend stay of proceedings. Granted 70 days; final extension. See per curiam this date. Corbin, J., not participating.

02/28/2003 Letter Orders - Supreme Court
Submitted to the court on - 02/20/03
Appellant's Attorney - E. Alvin Schay

02/28/2003 90-Day Stay Granted
This event was tickled for 05/29/03

02/06/2003 Motion for 90-Day Extension of Stay of Procee
Submitted to the court on - 02/20/03
Action = GRANTED on 02/28/03
Appellant's Attorney - E. Alvin Schay
Motion for 90-day extension of stay of proceedings is granted.

11/14/2002 90 Day Stay of Proceedings
This event was tickled for 02/12/03

11/14/2002 Letter Orders - Supreme Court
Submitted to the court on - 11/07/02
Appellant's Attorney - Robert Owen

11/04/2002 Unopposed Motion for 90-Day Extension of Stay
Submitted to the court on - 11/07/02
Action = GRANTED on 11/14/02
Appellant's Attorney - Robert Owen
Unopposed motion for 90-day extension of stay of proceedings is granted.

09/23/2002 Motion for Attorney's Fees - Damien Wayne Ech
Action = GRANTED on 02/20/04
Appellant's Attorney - E. Alvin Schay
Alvin Schay allowed $5,375.00 in attorney's fees and $45.58 in costs for a total of $5,420.58. This amount is for the 64.7 total submitted hours in CR94-928 (error coram nobis petition) and CR99-1060 (Rule 37 appeal). See CR99-1060 for same notation. This is a final billing from Mr. Schay.

09/19/2002 Supreme Court Votesheet Issued

09/19/2002 Supreme Court Oral Argument Issued for
REGULAR DOCKET scheduled for 09/19/02 at A.M. - ORAL Argument.

09/12/2002 RULE 37 Appeal Stayed 60 Days - (11-11-02)
This event was tickled for 11/11/02
By per curiam order of September 12, 2002 - error coram nobis petition currently filed in CR99-1060 - to be filed under direct-appeal case number, CR94-928.
CR94-928. Petition for writ of error coram nobis and CR99-1060 - Rule 37 petition to be submitted and heard on the same date.

09/12/2002 Per Curiam Order
Action = OTHER on 09/12/02
Appellant's Attorney - Robert Owen
Motion for continuance of oral argument and motion for stay of proceedings. Motion for stay granted; motion for continuance moot. See per curiam this date. By per curiam order of September 12, 2002 - error coram nobis petition currently filed in CR99-1060 - to be filed under direct-appeal case number, CR94-928
CR94-928. Petition for writ of error coram nobis and CR99-1060 - Rule 37 petition to be submitted and heard on the same date.

09/12/2002 Letter Orders - Supreme Court
Appellant's Attorney - Robert Owen

09/10/2002 Reply to Motion Tendered - Damien Wayne Echols
Appellant's Attorney - Robert Owen

09/05/2002 To Reschedule Oral Argument - Damien Wayne Ec
Action = MOOT on 09/12/02
Appellant's Attorney - Robert Owen
Appellant's motion to continue oral argument. Moot. See per curiam this date.

09/05/2002 Motion to Stay Proceedings - Damien Wayne Ech
Action = GRNTPERCUR on 09/12/02
Appellant's Attorney - Robert Owen
Appellant's motion to stay proceedings. Granted. See per curiam this date.

08/01/2002 Printed Reply Brief Filed Damien Wayne Echol
Appellant's Attorney - E. Alvin Schay
writ of error coram nobis

07/25/2002 Reply Brief Filed
Appellant's Attorney - Edward Mallett
TYPED
07/11/2002 Brief Filed - State Of. Arkansas
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 07/11/02

07/11/2002 Letter Orders - Supreme Court
Submitted to the court on - 07/05/02
Appellee's Attorney - Attorney General

06/24/2002 Motion to File Enlarged Brief
Submitted to the court on - 07/05/02
Action = GRANTED on 07/11/02
Appellee's Attorney - Attorney General
Appellee's motion to file enlarged brief is granted.
Appellee's brief filed this date.

06/24/2002 Tendered Brief - State Of Arkansas
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 06/22/02

06/07/2002 Brief Extension - State Of Arkansas
This event was tickled for 06/22/02
Action = GRANTED on 06/10/02
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 06/22/02

05/02/2002 Brief Extension - State Of Arkansas
This event was tickled for 06/15/02
Action = GRANTED on 05/07/02
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 06/15/02

04/17/2002 Printed Brief Filed Timely - Damien Wayne Ec
Appellant's Attorney - E. Alvin Schay

04/11/2002 Letter Orders - Supreme Court
Submitted to the court on - 04/04/02
Appellant's Attorney - E. Alvin Schay

04/11/2002 Briefing Commenced
This event was tickled for 05/16/02
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 05/16/02

04/11/2002 Brief Filed - Damien Wayne. Echols
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 04/11/02
TYPED
03/14/2002 Brief Tendered
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 03/14/02

MOTION PENDING

03/14/2002 Unopposed Motion to File Enlarged Brief - Dam
Submitted to the court on - 04/04/02
Action = GRANTED on 04/11/02
Appellant's Attorney - E. Alvin Schay
Appellant's unopposed motion to file enlarged brief is granted.
Appellant's brief filed this date.

03/07/2002 Letter Orders - Supreme Court
Submitted to the court on - 02/28/02
Appellant's Attorney - E. Alvin Schay

02/21/2002 Letter Orders - Supreme Court
Submitted to the court on - 02/14/02
Appellant's Attorney - E. Alvin Schay

02/15/2002 Brief Tendered
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 02/15/02

WAITING ON MOTION

02/15/2002 Motion to File Enlarged Brief - Damien Wayne
Submitted to the court on - 02/28/02
Action = DENIED on 03/07/02
Appellant's Attorney - E. Alvin Schay
Appellant's motion to file enlarged brief is denied.

02/07/2002 Record Checkout by Atty. of Record - Damien Way .
Appellant's Attorney - E. Alvin Schay
Number of Volumes 1
Number of Sets 0

02/01/2002 Motion for Extension of Time to File Brief -
Submitted to the court on - 02/14/02
Action = GRANTED on 02/21/02
Appellant's Attorney - E. Alvin Schay
Appellant's motion for extension of time to file brief is granted.

12/06/2001 Letter Orders - Supreme Court
Submitted to the court on - 11/15/01
Appellant's Attorney - Edward Mallett

12/06/2001 Brief Extension -
This event was tickled for 02/04/02
Appellant's Attorney - E. Alvin Schay

11/29/2001 Letter Orders - Supreme Court
Appellant's Attorney - Robert Owen

11/08/2001 Statement in Compliance with Rule XIV - Damie
Action = NOTED on 11/29/01
Appellant's Attorney - Robert Owen
Counsel's statement in compliance with Rule XIV, rules govering admission to the bar of Arkansas. Noted.

11/08/2001 Motion for Extension of Time to File Brief -
Submitted to the court on - 11/15/01
Action = GRANTED on 12/06/01
Appellant's Attorney - Edward Mallett
Appellant's motion for extension of time to file brief is granted until February 4, 2002. Imber, J., not participating.

11/01/2001 Printed Reply Brief Filed Damien Wayne Echol
Appellant's Attorney - E. Alvin Schay
on writ of error coram nobis per motion granted 11-1-01

11/01/2001 Letter Orders - Supreme Court
Submitted to the court on - 10/25/01
Appellant's Attorney - E. Alvin Schay

11/01/2001 Letter Orders - Supreme Court
Submitted to the court on - 10/18/01
Appellant's Attorney - Robert Owen

10/17/2001 Response to Motion to Appear for Oral Argument
Appellee's Attorney - Attorney General

10/15/2001 Motion for Leave to Appear for Oral Argument
Submitted to the court on - 10/18/01
Action = GRANTED on 11/01/01
Appellant's Attorney - Robert Owen
Motion of Robert C. Owen to appear for oral argument only on pending coram nobis matter and motion to set oral argument. Motion granted; attorney Owen to file written statement in compliance with Rule 14 Governing Admission to the Bar. Clerk to set oral argument after compliance.

10/11/2001 Briefing Commenced/Findings & Conclusions
This event was tickled for 11/20/01
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 11/20/01

10/11/2001 Letter Orders - Supreme Court
Submitted to the court on - 10/04/01
Appellant's Attorney - Edward Mallett

10/11/2001 Letter Orders - Supreme Court
Submitted to the court on - 10/04/01
Appellant's Attorney - E. Alvin Schay

10/10/2001 Motion for Reconsideration - Damien Wayne Ech
Submitted to the court on - 10/25/01
Action = GRANTED on 11/01/01
Appellant's Attorney - E. Alvin Schay
Appellant's motion to reconsider denial of leave to file reply brief received one day late is granted.

10/04/2001 Response to Motion to Remand .... - State Of Appellee's Attorney - Attorney General

09/24/2001 Motion to Remand for Opportunity to Object...
Submitted to the court on - 10/04/01
Action = OTHER on 10/11/01
Appellant's Attorney - E. Alvin Schay
Appellant's motion to remand for opportunity to object to trial court findings or, in the alternative only, motion for service of trial court findings and expansion of the record on appeal is denied. Clerk to set new briefing schedule limited to new findings and conclusions.
Appellant's brief due November 20, 2001; appellee's brief due 30 days after appellant's brief is filed. Appellant's reply brief due 15 days after appellee's brief is filed.

09/21/2001 Motion for Leave to Appear for Oral Argument
Submitted to the court on - 10/04/01
Action = DENIED on 10/11/01
Appellant's Attorney - Edward Mallett
Motion for leave to appear for oral argument only on pending coram nobis matter and to set oral argument is denied.

09/10/2001 Response to Motion - State Of Arkansas
Appellee's Attorney - Attorney General

09/04/2001 Motion to File Belated Reply Brief - Damien
Submitted to the court on - 09/13/01
Action = DENIED on 09/20/01
Appellant's Attorney - E. Alvin Schay
Appellant's motion to file belated reply brief is denied.

08/29/2001 Reply Brief Tendered
This event was tickled for 09/05/01
Appellant's Attorney - Edward Mallett
Damien Wayne Echols - brief due on 09/05/01

08/27/2001 Record Checkout by Atty. of Record - Damien Way .
Appellant's Attorney - E. Alvin Schay
Number of Volumes 0
Number of Sets 0
Exhibits were filed with the record
1 vol suppemental

08/09/2001 Reply Brief Extension - Damien Wayne Echols
This event was tickled for 08/28/01
Action = GRANTED on 08/09/01
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 08/28/01

08/09/2001 Supplemental Record Checkout by Atty. of Record
Appellee's Attorney - Attorney General
Number of Volumes 1
Number of Sets 0

08/03/2001 Supplement to the Record Filed
Findings of Fact and Final Order of the Rule 37.5
post-conviction petition.

07/30/2001 Brief Filed Timely - State Of Arkansas
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 07/28/01

07/18/2001 Brief Extension - State Of Arkansas
This event was tickled for 07/28/01
Action = GRANTED on 07/19/01
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 07/28/01

07/06/2001 7 Day Brief Extension - State Of Arkansas
This event was tickled for 07/21/01
Action = GRANTED on 07/06/01
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 07/21/01

06/20/2001 Letter Orders - Supreme Court
Appellant's Attorney - E. Alvin Schay

06/14/2001 Briefing Commenced - State Of Arkansas
This event was tickled for 07/14/00
State Of Arkansas - brief due on 07/14/00

06/14/2001 Printed Brief Filed Timely - Damien Wayne Ec
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 03/27/00
writ of error coram nobis

06/07/2001 Dissenting Opinion
ACTION = Dissenting Opinion
Opinion Date - 06/07/01 Consist of 0 pages,
Cite Number - Publish - yes
Thomas Glaze -- WRITING
dissenting opinion on denial of rehearing.
Donald Corbin -- WRITING
James Robert Hannah -- WRITING
Glaze, J., - dissenting opinion on denial of petition for rehearing.

06/07/2001 Supplemental Opinion on Denial of Rehearing
ACTION = OTHER OPINION ACTION (MISC)
Opinion Date - 06/07/01 Consist of 0 pages,
Cite Number - Publish - yes
Thomas Glaze -- WRITING
dissenting opinion to denial of rehearing.
Donald Corbin -- WRITING
James Robert Hannah -- WRITING

06/07/2001 CORRECTED BRIEF DUE 6-14-01.

06/07/2001 Letter Orders - Supreme Court
Submitted to the court on - 05/24/01
Appellee's Attorney - Attorney General

06/07/2001 Mandate to Clerk

05/17/2001 Request for Oral Argument - Damien Wayne Echo
Action = GRANTED on 05/23/01
Appellant's Attorney - E. Alvin Schay

05/17/2001 Brief Tendered
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 05/17/01
pettion for writ of error coram nobis

05/17/2001 Exhibit KK in Support of Petition for Writ of
Submitted to the court on - 05/31/01
Action = GRANTED on 06/07/01
Appellant's Attorney - E. Alvin Schay
Appellant's motion to supplement exhibits in support of petition for writ of error coram nobis is granted.

05/17/2001 Motion to File Enlarged Brief - Damien
Submitted to the court on - 05/31/01
Action = DENIED on 06/07/01
Appellant's Attorney - E. Alvin Schay
Appellant's motion to file enlarged brief is denied. See Pemberton v. State, 291 Ark. 198 (1987).

05/11/2001 Petition for Rehearing - State Of Arkansas
Submitted to the court on - 05/24/01
Action = DENPERCUR on 06/07/01
Appellee's Attorney - Attorney General
Petition for rehearing is denied. See supplemental opinion on denial of rehearing this date. Glaze, J., would grant.
See dissenting opinion this date.

05/11/2001 Motion for Attorney's Fees - Damien Wayne Ech
Action = GRANTED on 06/20/01
Appellant's Attorney - E. Alvin Schay
Al Schay allowed $12,450.00 in attorney's fees.

04/26/2001 Majority Opinion Rendered
ACTION = AFFIRMED IN PART; REVERSED AND REMANDED IN PART
Opinion Date - 04/26/01 Consist of 0 pages, Cite Number - Publish - yes
Thomas Glaze -- WRITING
dissents. Donald Corbin -- WRITING
Hannah, J. concurs in part and dissents in part. Glaze, J., dissents.
James Robert Hannah -- WRITING
concurs in part and dissents in part.

04/26/2001 Opinion Panel
Thomas Glaze -- WRITING
Donald Corbin -- WRITING
James Robert Hannah -- WRITING

04/19/2001 Appellant's Brief on Petitions due 5-17-01

04/11/2001 Unopposed Motion for Extension of Time to Fil
Action = GRANTED on 04/19/01
Appellant's Attorney - E. Alvin Schay
Unopposed motion for extension of time to file brief is granted.
4-19-01. Appellant's brief (on briefing of Petitions) due 05-17-01.

03/15/2001 Case Submitted - Orally Argued

03/15/2001 Supreme Court Votesheet Issued

03/15/2001 Supreme Court Oral Argument Issued for
REGULAR DOCKET scheduled for 03/15/01 at A.M. - ORAL Argument.

03/12/2001 Additional Case(s) Cited for Oral Argument

03/08/2001 Formal Orders - Supreme Court
Appellant's Attorney - E. Alvin Schay

03/08/2001 Briefing Commenced on Petitions
This event was tickled for 04/17/01
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 04/17/01

03/08/2001 Petitions to be submitted as a case
Appellant's petition to reinvest jurisdiction in circuit court & petition for writ of error coram nobis - to be submitted as a case. See order of 3-8-01.

03/06/2001 Response to Motion to Reinvest Jurisdiction i
Appellee's Attorney - Attorney General

03/06/2001 Response to Motion to File Pleadings Under Seal
Appellee's Attorney - Attorney General

03/06/2001 Response to motion to stay proceedings.... -
Appellee's Attorney - Attorney General

02/28/2001 Memo from staff. Ready for submission.

02/27/2001 Petition for Writ of Error Coram Nobis - Dami
Action = OTHER on 03/08/01
Appellant's Attorney - E. Alvin Schay
Petition for writ of error coram nobis and/or for writ of audita querela. Petition to be submitted as a case.

02/27/2001 Petition to Reinvest Jurisdiction in Circuit Co t
Action = OTHER on 03/08/01
Appellant's Attorney - E. Alvin Schay
Petition to reinvest jurisdiction in circuit court to consider petition for writ of error coram nobis or, in the alternative, to consider petition for writ of error coram nobis and writ of audita querela. Petition to be submitted as a case.
02/27/2001 Motion to Stay Proceedings - Damien Wayne Ech
Action = DENIED on 03/08/01
Appellant's Attorney - E. Alvin Schay
Motion to stay proceedings on appeal of denial of petition under Criminal Procedure Rule 37 and to postpone oral argument pending decision on petition to reinvest jurisdiction in the circuit court, or, in the alternative, to postpone oral argument for ninety days to permit the parties to address at oral argument the issues presented by the petition to reinvest jurisdiction in the trial court is denied.

02/27/2001 Motion to File Pleadings Under Seal - Damien
Action = DENIED on 03/08/01
Appellant's Attorney - E. Alvin Schay
Appellant's motion to file pleadings under seal and/or in redacted form pending further order of the court is denied.

01/12/2001 Request for Oral Argument - Damien Wayne Echo
Submitted to the court on - 01/18/01
Action = GRANTED on 01/25/01
Appellant's Attorney - E. Alvin Schay
Appellant's motion for oral argument is granted.
1-19-01. Response to request for oral argument. Filed.
Copy given to Judy Gardner.

10/03/2000 Supplemental Brief Filed
Appellant's Attorney - E. Alvin Schay

09/25/2000 Record Checkout by Atty. of Record - State Of. k
Appellee's Attorney - Attorney General
Number of Volumes 12
Number of Sets 0

09/22/2000 Brief Extension - Damien Wayne Echols
This event was tickled for 10/22/00
Action = awaiting action
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 10/22/00

09/08/2000 Attorney's Costs Only - Supreme Court
Appellant's Attorney - E. Alvin Schay
Alvin Schay allowed $3,368.94 for payment of expenses.

09/07/2000 Brief Filed Timely - State Of Arkansas
This event was tickled for 09/22/00
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 09/07/00

08/29/2000 Motion to Supplement Abstract - Damien Wayne
Submitted to the court on - 09/14/00
Action = GRANTED on 09/21/00
Appellant's Attorney - E. Alvin Schay
Appellant's motion to supplement the abstract is granted.

08/29/2000 Supplemental Brief Tendered
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 08/29/00

08/14/2000 Motion to File Enlarged Brief - State Of Arka
Submitted to the court on - 08/31/00
Action = GRANTED on 09/07/00
Appellee's Attorney - Attorney General
Appellee's motion to file enlarged brief is granted.

07/25/2000 Brief Extension - State Of. Arkansas
This event was tickled for 08/14/00
Action = granted on 07/27/00
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 08/14/00

06/12/2000 Motion for Payment of Expenses - Damien Wayne
Action = GRANTED on 09/08/00
Appellant's Attorney - E. Alvin Schay
Motion for payment of expenses.
9-8-00. Alvin Schay allowed $3,368.94 in costs.
9-11-00. Invoice received.

06/12/2000 Brief Extension - State Of. Arkansas
This event was tickled for 07/31/00
Action = granted on 06/19/00
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 07/31/00

05/31/2000 Letter Orders - Supreme Court
Submitted to the court on - 05/15/00
Appellant's Attorney - E. Alvin Schay

05/25/2000 Printed Brief Filed Timely - Damien Wayne Ec
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 03/27/00

05/15/2000 Brief Extension - State Of. Arkansas
This event was tickled for 07/01/00
Action = granted on 05/17/00
Appellee's Attorney - Attorney General
State Of Arkansas - brief due on 07/01/00

05/04/2000 Record Checkout by Atty. of Record - State Of. k
Appellee's Attorney - Attorney General
Number of Volumes 13
Number of Sets 0

04/27/2000 Briefing Commenced - State Of Arkansas
This event was tickled for 06/01/00
State Of Arkansas - brief due on 06/01/00

04/27/2000 Typed Brief Filed Timely - Damien Wayne Echo
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 03/27/00

04/20/2000 Supplemental Record Lodged
Number of Volumes 1
Number of Sets 0

04/20/2000 Appellant's Corrected/Enlarged Brief Due 4-27-00
This event was tickled for 04/27/00
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 04/27/00

04/19/2000 Motion for Interim Attorney's Fees - Damien Way
Submitted to the court on - 05/15/00
Action = DENIEDWOP on 05/31/00
Appellant's Attorney - E. Alvin Schay
Motion to set attorney's fee and award interim payment and expenses is denied without prejudice.

03/31/2000 Exhibits sealed down stairs 8 envelopes

03/30/2000 Motion to File Corrected Argument - Damien Wa
Submitted to the court on - 04/13/00
Action = GRANTED on 04/20/00
Appellant's Attorney - E. Alvin Schay
Appellant's motion to file corrected argument is granted.

03/30/2000 Supplemental Record Tendered - Damien Wayne E
Appellant's Attorney - E. Alvin Schay
1 vol. (vol.13)

03/30/2000 Motion to Expand Record on Appeal - Damien Wa
Submitted to the court on - 04/13/00
Action = GRANTED on 04/20/00
Appellant's Attorney - E. Alvin Schay
Appellant's motion to expand record on appeal is granted.

03/28/2000 Brief Tendered
This event was tickled for 04/04/00
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 04/04/00
Motion to file an enlarged brief.

03/27/2000 Motion to File Enlarged Brief - Damien Wayne
Submitted to the court on - 04/13/00
Action = GRANTED on 04/20/00
Appellant's Attorney - E. Alvin Schay
Appellant's motion to enlarge brief is granted.

02/29/2000 7 Day Brief Extension - Damien Wayne Echols
This event was tickled for 03/07/00
Action = GRANTED on 02/29/00
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 03/07/00

02/24/2000 Appellant's brief due 3-25-00
Appellant's Attorney - E. Alvin Schay

02/14/2000 Amended Motion for Extension of Time to File
This event was tickled for 03/25/00
Submitted to the court on - 02/17/00
Action = GRANTED on 02/24/00
Appellant's Attorney - E. Alvin Schay
Appellant's motion and amended motion for extension of time to file abstract and brief. Granted 30 days.

02/03/2000 Motion for Extension of Time to File Abstract
Submitted to the court on - 02/17/00
Action = GRANTED on 02/24/00
Appellant's Attorney - E. Alvin Schay
Appellant's motion and amended motion for extension of time to file abstract and brief. Granted 30 days.

11/23/1999 Record Checkout by Atty. of Record - Damien Way .
Appellant's Attorney - E. Alvin Schay
Number of Volumes 0
Number of Sets 0
Vol 1,2,3.and Picked up the rest of the record on 01/18/2000.

11/19/1999 Brief Extension - Damien Wayne. Echols
This event was tickled for 02/17/00
Action = FINAL/EXT on 11/29/99
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 02/17/00

10/18/1999 Brief Extension - Damien Wayne. Echols
This event was tickled for 11/19/99
Action = granted on 10/19/99
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 11/19/99

09/10/1999 Record Lodged
Number of Volumes 12
Number of Sets 0
Exhibits were filed with the record
8 Envelopes Exhibits

09/10/1999 Briefing Commenced - Damien Wayne Echols
This event was tickled for 10/20/99
Appellant's Attorney - E. Alvin Schay
Damien Wayne Echols - brief due on 10/20/99