Correspondence from Guinier to Seay

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Solomon SeJy, Ese.
352 Dexter Avenue
Montgomery, Alabama 36104

NAACP LEGAL OEFENSE ANO
10 Columbus Circle, New York,

EOUCATIONAL FUND, INC.
N.y. 10019 o (212) 586-8397

July 15, 1982

Rcr Bozcman v. State
Wl1der v. State

of Alabama
of Alabama

Dear Mr. Seay:

r expect to have a draft of the petltton f,or wrlt oferror coram nobl?_ for you to revlew tlre ftrst o" second weekln Rugffi- r-EETil. rntend to spend a iew days in Montgomerylnterviewing some of the witnesies r named in my June Bletter'as welr as pauL Rolrlns. r do not have a definitetlme set aside but r can come to Montgomery August ro and,/or23 and 21, whichever is convenient for you.

Please let me know what your plans

The lssues which I am briefing forfollows:

are for those day:

the petition are as

STATUTORY INTERPRETATION ( $17-23-I)
A) What is fraud? What are elements of thecrime? Intent? Knowledge?

B) Who is culpabte: Notary or voter?
C ) Is improper notarization. a crime? Ifj.t 'is, is 1t within this statute?

D) Was there proof, taking evidence in light
most favorable to prosecutor, of aII thenecessary elements of a violation of
$I7-23-I for each defendant?

E) Was the verdlct ln Bozeman or Wllderagainst the weisht aT-ElFevidEfrGf

Contribulione ore deductible lor U.S, income tat pu',?oseE

Tha NAACP LEGAL DEFENSE & EDUCATIoNAL FUN0 is nol parl ol the Nalional Association lor lhe Advancement ol Colored People although it
was loundod by ll rnd sharcs its commitmenl to cqual righls. LDF has had lor over 25 years a separale Board, program, slall, olfice and budget.

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Solomon Seay, Esq
JuIy 15, 1982

Page 2

II. DID THE COURT ERR IN ITS INSTRUCTIONS TO THE JURY?

A) Did court instructlons exceed charges in
indictment?

J.). Perjury with regard to Wilder

2) Conspiracy with regard to Bozeman.

B) Where no exception taken by counsel. (Fed.
RuIe 51, CRIM Rule 52(b) ) .

C) Was fallure to provide Ilm1t1ng lnstructlons. regardlng use of deposltions p3.aln error, in
light of age and vulnerability of the witnesses?

III. WAS STATUTE CHARGED IN INDICTMENT UNCONSTITUTIONAL
AS APPLIED IN LIGHT OF THREE QUESTIONS?

. A) -Ghllling.effect on the exerctse of the rlght to
vote.

B) Does the change of Alabama 1aw with respect to
absentee ballots make the convictions no
longer valid?
(See Abatglnent Cases and analysls re:
application to pending cases Be11, Grlffi-n, ,Hamm). -T'

C) Iq there a constitutional right to a secret
ballot?

IV. PROSECUTIONIS USE OF DEPOSITION TESTIMONY

A) Defense counseL not present.

B) Depositions used as impeachment evidence with-
out Ilmiting instructions, and over objections
by defense counsel

C ) Was there a sufficient basis for declarlng
witnesses hostile?

1 ) What are the rules governing lmpeach-
ment of own wltnesses,

2) What about rules for tnconststcnt testl-
mony in this regard



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Solomon Seay, Esq.
JuIy 15, LgB2

Page 3

D) Must the prosecution turn over all exculpa-
tory evidence? See Brady v. Maryland.

E) Was the jury deci:ion affected by the use
of the deposition 'testimony?

a
l- ) In the Bozeman trial- , there was no

evidencE-E-E6nvict except if deposi-
tions used as substantive evidence.

2) Since the evldence was Eo confusing,
the Jury had no way to dlstlngulsh
between credibility and substantive
evldence.'

3) The prosecutor relied on the deposition
testimony to prove his case ln chief.

F) Even in the absence of a request fnom defense
eounsel for a limiting instpuctlon, 1t was pl_ain
error for the court to a1low the use of deposi-
tlon testimony for impeachment purposes wlthout
advising the jury of the ltmlted use of suchteetimony, - I

In addltlon, we are researchtng two other lssues: (I)
Were the sentences excessive with respect to the crime charged?
and (2) What are the standards for relief in a petition for
Wrlt of Error?

Please call me to 1et me know whether you see additional
issues that we have mlssed. AIso Iet me know your August
schedule.

I look fonward to hearing from you.

Sincerely,

Lani Guinier