Letter to Everett from Smiley RE Cromartie Depositions

Correspondence
October 11, 1999

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Letter to Everett from Smiley RE Cromartie Depositions preview

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Impact area
- Political Participation
Topic
- Redistricting
LDF Attorneys
Cooperating Attorneys
Organizations
Matter
- Cromartie v. Hunt (Daly v. Hunt)
Case
- Cromartie v. Hunt (Daly v. Hunt)
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 332fa1d4-e70e-f011-9989-002248226c06

Cite this item

Case Files, Cromartie Hardbacks. Letter to Everett from Smiley RE Cromartie Depositions, 1999. 332fa1d4-e70e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/0d060d6b-dc5d-48df-b1ca-52ef7d0888c5/letter-to-everett-from-smiley-re-cromartie-depositions. Accessed October 08, 2025.

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State of North Carolina
MICHAEL F. EASLEY Department of Justice

ATTORNEY GENERAL P. 0. BOX 629 REPLY TO: Tiare B. Smiley

RALEIGH Special Litigation

27602-0629 (919) 716-6900
FAX: (919) 716-6763

October 11, 1999

VIA FACSIMILE AND U.S. MAIL

Mr. Robinson O. Everett

Everett & Everett

Post Office Box 586

Durham, NC 27702

Re: Cromartie Depositions October 14, 1999

Dear Robinson:

We received your message indicating the depositions slated for Thursday will be in the
Robinson, Bradshaw & Hinson office at 101 N. Tryon Street, Charlotte, North Carolina. However.
we do not understand why you have changed the starting time to 9:15 a.m. We agreed on 9:30 a.m.,
but because of your concerns about morning rush hour traffic and request for a later starting time, Ms.
Winner agreed to start at 10:00 a.m. We will see you at 10:00 a.m.

You again have misstated Ms. Winner's offer to waive legislative immunity for the years
1994 through 1998. You previously deposed Ms. Winner in the Shaw litigation, which should have
covered all non-privileged matters relating to the 1991 and 1992 congressional plans. Obviously, she
did not reveal matters protected by the attorney-client privilege, nor would she now. The offer Ms.
Winner is making in this litigation is that she will waive legislative immunity and allow you to
depose her regarding events from 1994 through 1998, on the condition that you will not seek to
depose her on matters, privileged or non-privileged, that relate to events prior to January, 1994. (Ms.
Winner was deposed in November, 1993, and filed a supplemental statement in December, 1993.)
Please advise in writing whether you wish to accept Ms. Winner's offer.

Ms. Winner is no longer a member of the General Assembly and has retained limited materials
from her Senate office. She will make a good faith effort to locate any redistricting-related materials
from 1994 to the end of her last term that she has maintained personally. However, we were not able
to transmit your demands to her until today, and there may not be adequate time to do a complete
search.

Mr. Robinson O. Everett

October 11, 1999

Page 2

Finally, we have no idea who Frank Church is and why you are deposing him on October 18,
1999. We hope you will work this out with Todd Cox, since we thought you were deposing Charles
Worth.

Sincerely

C2 B. Smiley

Special Deputy Attorney Gener
TBS/fa

CC: Adam Stein

v/Todd Cox

Leslie Winner

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Letter to Everett from Smiley RE Cromartie Depositions

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Matter

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