Smallwood Appellants' Application for Extension of Time to File Brief on the Merits

    No. 99-1865 

  

  

IN THE SUPREME COURT OF THE UNITED STATES 

  

ALFRED SMALLWOOD, et al., 

  

RECEIVED 
HAND DELIVERED 

y JUL 27 2000 
MARTIN CROMARTIE, et al., 

Appellants, 

OFFICE OF THE CLERK 
SUPREME COURT, U.S,       Appellees. 

  

SMALLWOOD APPELLANTS’ APPLICATION FOR EXTENSION OF TIME 

TO FILE BRIEF ON THE MERITS 

  

  

To the Honorable William H. Rehnquist, Chief Justice of the United States and Circuit 

Justice for the Fourth Circuit: 

Alfred Smallwood, David Moore, William M. Hodges, Robert L. Davis, Jr., Jan Valder, 

Barney Offerman, Virginia Newell, Charles Lambeth and George Simkins (“the Smallwood 

Appellants”), by their undersigned attorneys, respectfully request an extension of time within 

which to file their brief on the merits in this Court. The Smallwood Appellants request that they 

be permitted to file their brief on the merits simultaneously with the State Appellants in No. 99- 

1864 on Agus 21, 2000. The Smallwood Appellants set forth the following reasons for 

granting their request in addition to those articulated by the State of North Carolina (“the State 

Appellants”): 

  

‘This Court has granted the State Appellants’ request to extend the time within which to file the joint 
appendix. Therefore, the Smallwood Appellants have not sought this relief. 

 



  

1. This Court noted probable jurisdiction in this case on June 26, 2000 and the 

Smallwood Appellants brief on the merits is due on August 10, 2000. The appeals filed by the 

State and the Smallwood Appellants have been consolidated by this Court. See Hunt v. 

Cromartie, No. 99-1864 (U.S. June 26, 2000) (order noting probable jurisdiction); Smallwood v. 

Cromartie, No. 99-1865 (order noting probable jurisdiction). 

2. This Court has granted the State Appellants’ request for an extension of time 

within which to file their brief on the merits and the joint appendix. The State Appellants now 

have until August 21, 2000 to file their brief and the joint appendix. 

3. The Smallwood Appellants participated in the development of the extensive factual 

record in this case and, therefore, have worked closely with the State Appellants and Appellees in 

developing the joint appendix in this case. Extending the time within which the Smallwood 

Appellants’ brief must be filed will afford them an opportunity to continue to coordinate and 

consult with the other parties to complete the joint appendix and, as the joint appendix will now 

be filed on August 21, 2000, would permit the Smallwood Appellants to use the joint appendix 

record cites in their brief on the merits. 

4. In addition, the Smallwood Appellants have consulted with the State Appellants 

throughout this litigation in an effort to avoid redundancy in briefs and duplication of evidentiary 

presentations.- Granting the requested extension of time would facilitate consultation between the 

Appellants and promote better coordination of the content of their merits briefs, thus allowing 

them to avoid duplication to the greatest extent possible. 

 



CONCLUSION 

For the reasons set forth herein, the Smallwood Appellants respectfully request that the 

Circuit Justice or this Court grant Smallwood Appellants’ Application for Extension of Time to 

File Brief on the Merits and extend the time to and including August 21, 2000. 

Respectfully submitted, 

ADAM STEIN ELAINE R. JONES 

Ferguson, Stein, Wallas, Adkins Director-Counsel and President 

Gresham & Sumter, P.A. NORMAN J. CHACHKIN 

312 West Franklin Street = A JACQUELINE A. BERRIEN 

Chapel Hill, North Carolina 27516 NAACP Legal Defense and 

(919) 933-5300 Educational Fund, Inc. 
99 Hudson Street, Suite 1600 

New York, New York 10013 

(212) 219-1900 

  

TODD A. COX 

NAACP Legal Defense and 

Educational Fund, Inc. 

1444 1 Street, N.W., 10th Floor 

Washington, D.C. 20005 

(202) 682-1300 

This 27th day of July, 2000. 

 



No. 99-1865 

  

IN THE SUPREME COURT OF THE UNITED STATES 

  

ALFRED SMALLWOOD, ef al. 

Appellants, 

V. 

MARTIN CROMARTIE, et al, 

Appellees. 

  

CERTIFICATE OF SERVICE 

I, Todd A. Cox, a member of the Bar of this Court, hereby certify that on this 27th day of 

April, 2000, served by first-class mail, postage prepaid, true and correct copies of Smallwood 

Appellants’ Application for Extension of Time to File Brief on the Merits to Robinson O. Everett, 

Suite 300 First Union National Bank Building, Post Office Box 586, Durham, North Carolina 

27702 and Edwin M. Speas, Jr., Chief Deputy Attorney General and Tiare B. Smiley, Special 

Deputy Attorney General, North Carolina Department of Justice, Post Office Box 629, Raleigh, 

North Carolina 27602-0629, counsel for all of the appellants and appellees herein. I further 

certify that all parties required to be served have been served. 

Ten 
Todd A. Cox 

NAACP Legal Defense 

& Educational Fund, Inc. 

1444 1 Street, N.W., 10th Floor 

Washington, D.C. 20005 

(202) 682-1300 

  

Counsel for Smallwood Appellants