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Documentary Sources

The discussion of the Daryl Atkins case that appears in Eligible for Execution is based in large part on documentary evidence. Although not an exhaustive list, many of the documents that informed the writing of the book appear below. This material is organized into sections based on the various stages of the judicial process through which the case moved.

INVESTIGATION AND PRETRIAL STAGES:

Photographs of abduction scene, automated teller transactions, murder scene, Nesbitt’s body at murder scene, autopsy examination, Nesbitt’s truck, King James motel, Nesbitt/Sloan family members, and Daryl Atkins as a child.

Newport News police department report on contents of Nesbitt’s truck, August 21, 1996.

Commonwealth of Virginia, Division of Forensic Science, Nesbitt toxicology report, August 27, 1996.

Dr. Leah Bush’s report of August 17 autopsy, September 10, 1996.

Riverside Hospital emergency room medical records of the treatment given to Daryl Atkins on August 17, 1996.

Commonwealth of Virginia, Division of Forensic Science, ballistics report on bullets and shell casings, September 17, 1996.

Commonwealth of Virginia, Division of Forensic Science, multiple blood test results based on samples taken from Daryl Atkins’s body and clothing, Eric Nesbitt’s body and clothing, and Nesbitt’s truck, 1996-97.

Circuit court order granting Atkins’s initial disclosure request ("Brady" request), September 25, 1996.

Judge Smiley’s order appointing George Rogers III to represent Daryl Atkins, November 11, 1996.

Indictments on charges of capital murder, illegal detainment, robbery, and firearms violations issued by the grand jury against Daryl Atkins, November 19, 1996.

Not guilty pleas entered on Atkins’s behalf, December 20, 1996.

Motion with supporting memorandum to have the Virginia death penalty statute declared unconstitutional, filed on behalf of Daryl Atkins by George Rogers, January 2, 1997.

Judge Smiley’s order postponing the trial date in order for additional DNA testing to be completed on blood samples, January 7, 1997.

Judge Smiley’s order denying Rogers’s motion to strike down the state death penalty statute, January 15, 1997.

Delinquency records of Daryl Atkins on charge of breaking and entering, Juvenile and Domestic Relations District Court, Fifth Judicial District, Suffolk, October 22, 1991.

Delinquency records of Daryl Atkins on charge of robbery, Juvenile and Domestic Relations District Court, Eighth Judicial District, City of Hampton, September 10, 1995.

Criminal court records of the Circuit Court for the City of Hampton before Judge Walter Ford on March 7, 1997, finding Daryl Atkins guilty of the following offenses:

a. Use of a firearm (four counts) on April 29, 1996.
b. Robbery (three counts) on April 29, 1996.
c. Robbery on June 28, 1996.
d. Use of a firearm (two counts) on June 28, 1996.
e. Abduction on June 28, 1996.
f. Use of a firearm (two counts) on August 9, 1996.
g. Attempted robbery on August 9, 1996.
h. Maiming on August 9, 1996.

Records of the Circuit Court for the York County/City of Poquoson Circuit regarding criminal charges against William Jones, 1992-1996.

Nolle prosequi motion by Commonwealth’s Attorney Eileen Addison to drop felony drug charges against Stephen Burton, April 24, 1997.

Motion to amend indictment by Commonwealth’s Attorney Eileen Addison to reduce felony theft charge against Stephen Burton to a charge of taking items of less than $200 value, April 24, 1997.

Plea bargain agreement between the Commonwealth of Virginia and Stephen Burton, April 24, 1997.

Documents related to Atkins’s sentence of life in prison plus 174 years (68 suspended) for offenses committed during five-month crime spree in 1996 that preceded the murder of Eric Nesbitt, May 1, 1997.

Transcript of hearing on George Rogers’s motion on behalf of Daryl Atkins requesting additional blood evidence testing, with Judge Smiley’s denial of the motion, August 15, 1997.

Judge Smiley’s ruling permitting the jury to visit the murder scene, August 15, 1997.

Judge Smiley’s authorization of the appointment of mental health experts to evaluate Daryl Atkins, August 28, 1997.

Judge Smiley’s appointment of Bryan Saunders as a second defense attorney for Daryl Atkins, August 28, 1997.

Memorandum of plea agreement between the Commonwealth of Virginia and William A. Jones accepted by Judge Smiley, September 5, 1997.

Judge Smiley’s appointment of Evan S. Nelson, Ph.D. to evaluate Daryl Atkins, October 29, 1997.

Defense motion for additional peremptory challenges (later denied by Judge Smiley), January 8, 1998.

Capital sentencing evaluation report on Daryl Atkins submitted by Evan Nelson, Ph.D. to attorney Bryan Saunders, January 15, 1998.

Judge Smiley’s order granting the requests for additional discovery, January 27, 1998.

TRIAL AND SENTENCING STAGES (WITH ASSOCIATED APPEALS):

Transcript of Atkins pleading guilty to illegal detainment, robbery, and two counts of firearms violations, but not guilty to murder and one additional count of firearms violations, February 9, 1998.

Transcript of Atkins trial (guilt phase), February 9-13, 1998.

Judge Smiley’s instructions to the jury (guilt phase), February 13, 1998.

Verdict forms (guilt phase), February 13, 1998.

Transcript of the Atkins trial (penalty phase), February 14, 1998.

Judge Smiley’s instructions to the jury (penalty phase), February 14, 1998.

Verdict form (penalty phase), February 14, 1998.

Judge Smiley’s daily summaries of events during Atkins’s trial, February 9-14, 1996.

Victim impact statement submitted by Mary Sloan, February 22, 1998.

Transcript of sentencing hearing of William Jones before Judge Smiley, February 26, 1998.

Transcript of sentencing hearing of Daryl Atkins before Judge Smiley, April 28, 1998.

Notice of appeal from circuit court’s conviction and sentencing of Daryl Atkins (with assignment of errors), filed by Bryan Saunders, May 5, 1998.

Appellants brief filed with the Virginia Supreme Court by Bryan Saunders and George Rogers appealing the 1998 Atkins conviction and death sentence, August 31, 1998.

Appellee brief filed with the Virginia Supreme Court by Pamela Rumpz and Mark Earley urging the court to affirm the 1998 Atkins conviction and death sentence, September 25, 1998.

Decision of the Supreme Court of Virginia affirming the conviction of Daryl Atkins on capital murder charges, but reversing his death sentence, and ordering a new sentencing hearing. Case # 981477. 257 Va. 160. 510 S.E. 2d 445. Initial decision issued January 8, 1999, opinion reissued February 26, 1999.

Petition of the Commonwealth of Virginia to the Supreme Court of Virginia requesting a rehearing of the court’s reversal of Atkins’s death sentence filed by Pamela Rumpz and Mark Earley (later denied), January 28, 1999.

Report of psychological evaluation of Daryl Atkins by Robert S. Brown, Jr., M.D. submitted to Judge Smiley, June 30, 1999.

Records of pretrial motions for Atkins second sentencing hearing, 1999.

Transcript of Atkins second sentencing hearing, August 18-19, 1999.

Judge Smiley’s death penalty instructions to the jury, August 19, 1999.

Judge Smiley’s order to Department of Corrections to conduct a presentence investigation of Daryl Atkins, September 13, 1999.

Virginia Department of Corrections presentence investigation report of Daryl Atkins submitted by probation and parole officer Pamela W. Dickerson, October 18, 1999.

Transcript of Judge Smiley imposing death sentence on Daryl Atkins, October 26, 1999.

Notice of appeal of death penalty sentence filed by Bryan Saunders, December 17, 1999.

Brief filed on behalf of Daryl Atkins by Bryan Saunders and George M. Rogers III requesting that the Supreme Court of Virginia reverse the death sentence recommended by the jury in Atkins’s second sentencing hearing, April 5, 2000.

Brief filed on behalf of the Commonwealth of Virginia by Pamela Rumpz and Mark Earley requesting that the Supreme Court of Virginia affirm Daryl Atkins’s death sentence recommended by the jury in Atkins second sentencing hearing, April 28, 2000.

Decision of the Supreme Court of Virginia affirming the capital punishment sentence imposed against Daryl Atkins after the second sentencing hearing. Case #000395. 260 Va. 375. 534 S.E. 2d 312. September 15, 2000.

THE UNITED STATES SUPREME COURT:

Docket entry records, United States Supreme Court, in Atkins v. Virginia, case #00-8452.

Petition for writ of certiorari filed on behalf of Daryl Atkins by Robert E. Lee and Charles E. Haden, February 1, 2001.

Brief in opposition to petition for writ of certiorari filed on behalf of the Commonwealth of Virginia by Pamela A. Rumpz and Mark L. Earley, March 12, 2001.

Reply brief in support of petition for writ of certiorari filed on behalf of Daryl Atkins by Robert E. Lee and Charles Haden, March 14, 2001.

Supplement to petition for writ of certiorari filed on behalf of Daryl Atkins by Robert E. Lee and Charles E. Haden, March 29, 2001.

Supplement to brief in opposition to petition for writ of certiorari filed on behalf of the Commonwealth of Virginia by Pamela A. Rumpz and Mark L. Earley, April 4, 2001.

Supplement to reply brief in support of petition for writ of certiorari filed on behalf of Daryl Atkins by Robert E. Lee and Charles E. Haden, April 10, 2001.

Supreme Court’s dismissal of the writ of certiorari in McCarver v. North Carolina as improvidently granted, September 25, 2001.

Supreme Court’s grant of Atkins’s motion to proceed in forma pauperis, September 25, 2001.

Supreme Court’s issuance of writ of certiorari with order to confine arguments to the Eighth Amendment retardation issue, October 1, 2001.

Motion to dismiss the writ of certiorari as improvidently granted filed on behalf of the Commonwealth of Virginia by Pamela A. Rumpz and Randolph A. Beales, October 3, 2001.

Brief in opposition to the motion of the Commonwealth of Virginia to dismiss the writ of certiorari as improvidently granted filed on behalf of Daryl Atkins by Robert E. Lee and Charles E. Haden, October 15, 2001. Supreme Court’s denial of the motion to dismiss the writ of certiorari as improvidently granted, October 29, 2001.

Brief on the merits filed on behalf of Daryl Atkins by Robert E. Lee, James W. Ellis, Mark E. Olive, and Charles E. Haden, December 12, 2001.

Amicus curiae brief filed in support of the Commonwealth of Virginia on behalf of the Criminal Justice Legal Foundation by Kent S. Scheidegger and Charles L. Hobson, January 10, 2002.

Brief on the merits filed on behalf of the Commonwealth of Virginia by Pamela A. Rumpz and Randolph A. Beales, January 11, 2002.

Amicus curiae brief filed in support of the Commonwealth of Virginia on behalf of the states of Alabama, Mississippi, Nevada, South Carolina, and Utah by Bill Pryor of the Alabama Attorney General’s Office, January 14, 2002.

Reply brief on the merits filed on behalf of Daryl Atkins by Robert E. Lee, James W. Ellis, Mark E. Olive, and Charles E. Haden, February 12, 2002.

Amicus curiae brief submitted on behalf of nine former U.S. diplomats in support of Daryl Atkins (originally in support of Ernest McCarver), filed by Harold H. Koh, Stanley Herr, James Silk, and Deena Hurwitz, accepted by the Court on December 3, 2001.

Amicus curiae brief submitted on behalf of the European Union in support of Daryl Atkins (originally in support of Ernest McCarver), filed by Richard J. Wilson, accepted by the Court on December 3, 2001.

Amicus curiae brief submitted on behalf of the American Civil Liberties Union, the ACLU of North Carolina, and the Equal Justice Initiative of Alabama in support of Daryl Atkins (originally in support of Ernest McCarver), filed by Larry Yackle, Steven Shapiro, Diann Rust-Tierney, and Bryan Stevenson, accepted by the Court on December 3, 2001.

Amicus curiae brief submitted on behalf of the American Association on Mental Retardation, the ARC of the United States, the American Orthopsychiatric Association, Physicians for Human Rights, the American Network of Community Options and Resources, the Joseph P. Kennedy, Jr. Foundation, the Judge David L. Bazelon Center for Mental Health Law, and the National Association of Protection and Advocacy Systems in support of Daryl Atkins (originally in support of Ernest McCarver), filed by James W. Ellis, Stanley S. Herr, April Land, Christian G. Fritz, and Michael B. Browde, accepted by the Court on December 3, 2001.

Amicus curiae brief submitted on behalf of the American Psychological Association, American Psychiatric Association, and the American Academy of Psychiatry and the Law in support of Daryl Atkins (originally in support of Ernest McCarver), filed by Paul M. Smith, William M. Hohengarten, Nathalie F. P. Gilfoyle and James L. McHugh, accepted by the Court on December 3, 2001.

Amicus curiae brief submitted on behalf of the United States Catholic Conference and other religious organizations in support of Daryl Atkins (originally in support of Ernest McCarver), filed on by Mark E, Chopko, Jeffrey Hunter Moon, and Michael R. Moses, accepted by the Court on December 3, 2001.

Amicus curiae brief submitted on behalf of the American Bar Association in support of Daryl Atkins (originally in support of Ernest McCarver), filed by Martha W. Barnett and David M. Gossett, accepted by the Court on December 3, 2001.

Transcript of oral arguments in Atkins v. Virginia, February 20, 2002.

United States Supreme Court decision in Atkins v. Virginia, 536 U.S. 304 (2002).

ON REMAND:

Brief on behalf of appellant Daryl Atkins filed by Robert E. Lee, Mark Olive, and James W. Ellis, asking the Virginia Supreme Court to reduce Atkins’s sentence to life in prison, November 20, 2002.

Brief on behalf of the Commonwealth of Virginia filed by Robert Q. Harris and Jerry W. Kilgore urging the Virginia Supreme Court not to act until the state legislature resolves the question of how to alter state law to achieve compliance with the Supreme Court’s Atkins decision, November 20, 2002.

Amicus curiae brief submitted on behalf of the ARC of Virginia by F. Nash Bilisoly supporting the position of Daryl Atkins, November 20, 2002.

Reply brief on behalf of the Commonwealth of Virginia filed by Robert Q. Harris and Jerry W. Kilgore, November 27, 2002.

Decision of the Supreme Court of Virginia (case #000395) remanding the Atkins case to the York/Poquoson circuit court with instructions to conduct a mental retardation trial consistent with the revised Virginia statute, June 6, 2003.

RETARDATION TRIAL:

Judge Smiley appoints George M. Rogers III and Bryan Saunders to represent Daryl Atkins during the retardation trial, November 19, 2003.

Motion by George Rogers (later denied by Judge Smiley) to declare the state death penalty statute unconstitutional for failure to require the Commonwealth to prove an absence of mental retardation beyond a reasonable doubt, December 8, 2003.

Eileen Addison’ response to Rogers’s motion to have the state death penalty statute declared unconstitutional, December 8, 2003.

Judge Smiley’s appointment of Evan Nelson, Ph.D., to serve as mental health expert for the defense, December 18, 2003.

Judge Smiley’s appointment of Stanton Samenow, Ph.D., to serve as mental health expert for the Commonwealth, January 12, 2004.

Notice of Conflict of Interest statement filed by Robert E. Lee and Mark Olive, requesting that Rogers and Saunders be replaced as attorneys for Atkins in retardation trial, March 4, 2004.

Judge Smiley’s appointment of Capital Defender Joseph A Migliozzi, Jr. to represent Daryl Atkins, replacing George Rogers and Bryan Saunders, March 30, 2004.

Judge Smiley’s appointment of Daniel Martell, Ph.D., as mental health expert for the Commonwealth, July 16, 2004.

Migliozzi’s memorandum in support of implementing safeguards to protect Atkins’s interests during mental health evaluations, September 1, 2004, with the Commonwealth’s response, September 3, 2004.

Judge Smiley’s appointment of Dale Watson, Ph.D., as an additional mental health expert for Daryl Atkins, September 7, 2004.

Migliozzi’s motion regarding what jurors should be told regarding Atkins status, filed on September 7, 2004, with the Commonwealth’s response, September 8 and 24, 2004.

The Commonwealth’s motion for discovery vis-à-vis the mental health evaluations provided by Atkins’s experts, September 8, 2004, with additional follow-up motions, and Migliozzi’s response, September 30, 2004.

Judge Smiley’s appointment of Richard Burr as an additional attorney for Daryl Atkins, October 6, 2004.

Migliozzi’s motion to conduct a public opinion survey related to a possible change of venue motion, November 16, 2004.

Exchange of views on a variety of issues related to the retardation hearing—what jurors should be told, mental health evaluations, etc. January 4, 2005.

Migliozzi’s motion for discovery related to the mental health evaluations provided by the Commonwealth’s mental health experts, January 7, 2005.

Commonwealth’s motion for a subpoena to obtain Atkins’s medical records, January 10, 2005.

Commonwealth’s motion for access to Atkins’s complete school records, January 11, 2005.

Migliozzi’s motion for a change of venue (later denied), January 11, 2005.

Commonwealth’s motion to compel a neurological examination of Atkins, January 14, 2005, with Migliozzi’s response, January 19, 2005.

Judge Smiley’s appointment of David Griesemer, M.D., as a mental health expert for the Commonwealth, January 18, 2005.

Migliozzi’s motion to prohibit further testing of Atkins by the Commonwealth, January 19, 2005.

Migliozzi’s motion to preclude the Commonwealth from introducing evidence of Atkins’s prior criminal record, January 25, 2005.

Petition to the state supreme court filed by Migliozzi on behalf of Atkins to stay the retardation proceedings and for expedited review, January 25 and 28, 2005.

Opposition brief for the Commonwealth filed with the state supreme court by Virginia Assistant Attorney General Robert Q. Harris, January 31, 2005.

Migliozzi’s motion to require the Commonwealth to prove an absence of retardation beyond a reasonable doubt, January 25, 2005.

Migliozzi’s motions for sanctions against the Commonwealth and Dr. Martell for Martell’s tape recording of his interview with Atkins contrary to previously agreed upon rules for mental health interviewing, February 1, 2005.

Migliozzi’s motion to exclude Dr. Samenow’s testimony, February 5, 2005.

Migliozzi’s motion for an additional mitigation specialist, April 22, 2005.

Migliozzi’s motion to distribute a jury questionnaire, April 22, 2005.

Judge Smiley’s appointment of Mark Olive as an additional attorney for Daryl Atkins, April 28, 2005.

Migliozzi’s submission of materials questioning Dr. Martell’s fitness to provide a mental health evaluation, with Commonwealth’s response, May 19, 2005.

Migliozzi’s discovery motion regarding Dr. Samenow and his book, Inside the Criminal Mind, May 21, 2005.

Commonwealth’s objection to Migliozzi’s proposed jury questionnaire, May 24, 2005 and June 23, 2005.

Jury questionnaire as approved by Judge Smiley.

Commonwealth’s motion, with supporting documentation, for access to Atkins’s Department of Corrections records, June 20, 2005.

Commonwealth’s motion to limit the scope of cross-examination of Dr. Martell, with Migliozzi’s response, June 20, 2005.

Commonwealth’s motion for access to Atkins’s school records, June 22, 2005.

Commonwealth’s motion requesting that Judge Smiley prohibit attorneys for either party from talking to the press, July 6, 2005.

Commonwealth’s motion to prohibit attorneys for either party from having contact with the jurors, July 6, 2005.

Migliozzi’s second motion to prohibit the Commonwealth from introducing evidence of Atkins’s prior criminal record, July 7, 2005, with Commonwealth’s response, July 12, 2005.

Migliozzi’s second motion for a change of venue, with supporting documentation, July 7, 2005, and Commonwealth’s response, July 12, 2005.

Migliozzi’s motion for Judge Smiley to impose a sentence of life in prison, July 7, 2005, with Commonwealth’s response, July 12, 2005.

Requests by press to cover the trial using electronic media and/or still photography, July 12 and 21, 2005.

Migliozzi’s proposed jury instructions, submitted July 15, 2005.

Commonwealth’s proposed jury instructions, submitted July 15, 2005.

Reports filed by mitigation witnesses regarding Atkins’s early childhood, July 25, 2005.

Migliozzi’s motion that no mention be made during the trial of Nesbitt’s occupation, July 25, 2005.

List of individuals summoned for jury service in the Atkins retardation trial.

Commonwealth and defense notes on jury strikes, July 25-26, 2005.

Transcript of retardation trial, July 25-August 5, 2005.

Various exhibits submitted by the Commonwealth or the defense (not all of which were admitted at the trial):

a. Photographs of abduction scene, automated teller transactions, murder scene, Nesbitt’s body at murder scene, autopsy examination, Nesbitt’s truck, King James motel, Eric and other Nesbitt/Sloan family members, and Daryl Atkins as a child.
b. Autopsy report, drawings and diagrams of the wounds suffered by Eric Nesbitt.
c. Scientific analyses of truck contents, blood samples, ballistics evidence, bullet holes in truck.
d. Inventory report of contents of Nesbitt’s truck.
e. Lyrics of rap songs written by Atkins.
f. Riverside Hospital emergency room report on treatment provided to Daryl Atkins.
g. Atkins’s juvenile court records.
h. Department of Corrections records regarding Atkins’s sick calls, disciplinary matters, commissary records, etc.
i. Atkins’s answer sheet for incomplete sentences testing by Dr. Samenow.
j. Transcript of Dr. Martell’s prison interview with Atkins.
k. Transcript of proceedings in Commonwealth v. William Jones.
l. Atkins’s Hampton City Schools records and vocational evaluation report.
m. Dr. Nelson’s capital sentencing evaluation Atkins.
n. Atkins’s written confessions for offenses committed in five-month crime spree in 1996.
o. Atkins’s WAIS-III records for IQ test administered by Dr. Nelson on January 15, 1998.
p. Atkins’s WAIS-III records for IQ test administered by Dr. Nelson on January 12, 2004.
q. Atkins’s Stanford-Binet records for IQ test administered by Dr. Nelson on February 4, 2004
r. Atkins’s Adaptive Behavior Assessment System II records for test administered by Dr. Marc Tasse on June 8, 2005.
s. Atkins’s Adaptive Behavior Assessment System II records for test administered to Elvira Bullock by Dr. Marc Tasse on June 8, 2005.
t. Atkins’s Adaptive Behavior Assessment System II records for test administered to Toniykua Stagg by Dr. Marc Tasse on June 8, 2005.
u. Curriculum vitae of all mental health experts on the trial witness list.

Jury verdict form, August 5, 2005.

Juror note to Judge Smiley asking to be excused from the trial, July 27, 2005.

Judge Smiley’s daily summaries of the trial proceedings, July 25-August 5, 2005.

Migliozzi’s motion for a new trial, September 7, 2005; denied September 26, 2005.

Affidavits filed by attorneys and staff of the Capital Defenders office regarding their post-trial interviews with jurors, September 8, 12, and 14, 2005.

Migliozzi’s notice of appeal, September 14, 2005.

Judge Smiley’s appointment of Migliozzi to represent Atkins on appeal to state supreme court, September 20, 2005.

Brief of the appellant asking the Virginia Supreme Court to reverse the jury’s decision that Daryl Atkins is not retarded submitted by Joseph Migliozzi, February 17, 2006.

Brief of the Commonwealth of Virginia asking the Virginia Supreme Court to affirm the jury’s decision that Daryl Atkins is not retarded submitted by Jerry P. Slonaker, Katherine P. Baldwin, and Robert F. McDonnell, March 20, 2006.

Decision of the Virginia Supreme Court reversing the jury determination that Daryl Atkins is not retarded and ordering a new retardation trial, Case #052348, 272 Va. 144; 631 S.E. 2d 93. June 8, 2006.

Virginia Supreme Court mandate that the circuit court conduct a second retardation trial for Atkins, October 18, 2006.

Decision of the Virginia Supreme Court rejecting Migliozzi’s petitions regarding possible prosecutorial misconduct and ordering the circuit court to proceed with the second retardation trial, September 20, 2007.

PROSECUTORIAL DISCLOSURE HEARING:

Transcript of the Brady violation hearing before Judge Smiley, December 14, 2007 and January 17, 2008.

Judge Smiley’s formal order reducing Daryl Atkins sentence from death to life in prison without parole, January 24, 2008.

Petition for writ of mandamus filed by Mark Krueger on behalf of the Commonwealth of Virginia, asking the Virginia Supreme Court to order Judge Smiley to vacate his sentence reduction order and to hold a mental retardation trial, Case #080282, February 7, 2008.

Petition for a writ of prohibition filed by Mark Krueger on behalf of the Commonwealth of Virginia, asking the Virginia Supreme Court to prohibit Judge Smiley from enforcing his sentence reduction order and to bar him from any similar orders in the future, Case #080283, February 7, 2008.

Memorandum in support of the petitions for mandamus and prohibition filed with the Virginia Supreme Court by Mark Krueger on behalf of the Commonwealth of Virginia, February 7, 2008.

Brief in opposition to the Commonwealth’s petitions for writs of mandamus and prohibition, as well as a motion to dismiss, filed with the Virginia Supreme Court by John A. Gibney, Jr. on behalf of Judge Prentis Smiley, February 21, 2008.

Petition to file an amicus curiae brief and submission of an amicus brief in support of Judge Smiley filed with the Virginia Supreme Court by Joseph A. Migliozzi, Jr. and Stephen D. Brody on behalf of Daryl Atkins, February 21, 2008.

Brief in opposition to Migliozzi and Brody’s petition to participate as amicus curiae filed with the Virginia Supreme Court by Mark Krueger on behalf of the Commonwealth of Virginia, February 29, 2008.

Brief in opposition to the motion to dismiss filed with the Virginia Supreme Court by Mark Krueger on behalf of the Commonwealth of Virginia, March 3, 2008.