Correspondence from Smiley to McGee and Neyhart Re: Joint Appendix

LDF Files Two Muhammad Ali Cases in One Week preview

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Case Files, Cromartie Hardbacks. Correspondence from Smiley to McGee and Neyhart Re: Joint Appendix, 2000. 5d222de0-fc0e-f011-9989-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/fdb4a6b2-702f-446d-94fd-e773ac45b344/correspondence-from-smiley-to-mcgee-and-neyhart-re-joint-appendix. Accessed August 19, 2025.

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State of North Carolina

MICHAEL F. EASLEY Department of Justice

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

RALEIGH Special Litigation
27602-0629 (919) 716-6900

FAX: (919) 716-6763

August 1, 2000

Martin B. McGee

Williams, Boger, Grady, Davis & Tuttle, P.A.

Post Office Box 2

Kannapolis, North Carolina 28082
BY FACSIMILE AND U.S. MAIL

Seth Neyhart

Everett and Everett Law Firm

Post Office Box 586 (Self-Help Building)

Durham, North Carolina 27702

Re: Cromartie Joint Appendix

Dear Marty and Seth:

For purposes of finalizing the joint appendix, we are setting a deadline of noon, Thursday,

August 3, 2000 for you to provide us any additional designations as a result of materials we added

based on your designations.

With regard to your questions regarding what testimony is part of the trial record, our

understanding is that the court admitted all Cromartie depositions in toto, in lieu of additional

trial testimony. This broad expansion of the record rendered the designations of Cromartie

depositions in the pre-trial order irrelevant, and complete copies of all these depositions were

provided to the court. Thus, all the parties are free to put any portions of these transcripts in the

joint appendix.

However, you raise an interesting point with regard to the Shaw and Pope depositions and

testimony. Although plaintiffs designated some of these materials for “proffer on cross-

examination” in the pre-trial order, our investigation does not reveal that copies of Cohen’s Shaw

testimony and deposition transcripts or Cohen’s Pope deposition transcript were ever submitted to

the court in full, or that selected portions based on the designations ever were submitted.

Plaintiffs’ failure to provide the court copies of this testimony renders the designations

meaningless. Thus, our view is that none of the Shaw and Pope testimony was made part of the

record and none of this testimony belongs in the joint appendix. If you still want to include any of

this material in the joint appendix, please advise whether a copy of this testimony was ever filed

McGee, Neyhart

August 1, 2000

Page 2

or submitted to the Cromartie court, when it was filed or submitted and how it was filed or

submitted.

Sincerely,

( ZA2_
are B. Smiley

Special Deputy Attorney General

TBS/cdf

ce: Todd Cox

Adam Stein

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LDF Files Two Muhammad Ali Cases in One Week

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