Correspondence from Cox to Assistant Clerk; Smallwood Applicants' Application for Extension of Time to File Brief on the Merits; Correspondence from Clerk to Smiley

    NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 

Regional Office 
1444 Eye Street, N.W., 10th Floor 

Washington, DC 20005 
202.682.1300 Fax 202.682.1312 

August 8, 2000 

By Hand Delivery 

Denise J. McNerney 

Assistant Clerk 
Supreme Court of the United States 
One First Street, NE 

Washington, D.C. 20543 

Re: Extension of Time within which to file Merits Brief in 

Smallwood v. Cromartie, No. 99-1865 

Dear Ms. McNerney: 

The Court noted probable jurisdiction in this case on June 26, 2000. The appeals filed by 
the State of North Carolina (“State Appellants”), Hunt v. Cromartie, No. 99-1864, and the 
Smallwood Appellants, Smallwood v. Cromartie, No. 99-1865, have been consolidated by the 

Court. 

The State of North Carolina filed an application for an extension of time within which to 
file the brief on the merits and the joint appendix. On July 27, 2000, the Smallwood Appellants 
also filed an application for an extension of time within which to file their merits brief.! See 
Attachment 1. In a letter dated July 26, 2000, the Court granted the State Appellants’ application 
for an extension of time within which to file the merits briefs in the two cases to and including 

August 21, 2000. See Attachment 2. 

On August 8, 2000, the Court granted the State Appellants’ request for an extension of 
time to and including September 8, 2000. In order to avoid redundancy in briefs and duplication 

of evidentiary presentations, the Smallwood Appellants request an extension of time within which 
to file their merits brief to and including September 8, 2000. An extension would promote 
consultation between the Appellants and facilitate efforts to coordinate the contents of the merits 
briefs. 

  

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. 

National Office Regional Office 

99 Hudson Street, Suite 1600 1055 Wilshire Boulevard, Suite 1480 | Advancement of Colored People (NAACP) although LDF was founded by the NAACP and shares its com- 

New York, NY 10013-2897 Los Angeles, CA 90017 mitment to equal rights. LDF has had, since 1957, a separate board, program, staff, office and budget. 

212.965.2200 Fax 212.226.7592 213.975.0211 Fax 213.202.5773 | Contributions are deductible for U.S. income fax purposes. 

The NAACP Legal Defense and Educational Fund, Inc. {LDF} is not a part of the National Association for the  



  

Denise J. McNerney 

August 8, 2000 
Page 2 

If there are any questions regarding this request, please do not hesitate to contact me. 

Thank you. 

NE hd 

Todd A. Cox (Coyhnsel of Record) 
NAACP Legal Defense 

& Educational Fund, Inc. 

1444 Eye Street, N.-W., 10th Floor 

Washington, D.C. 20005 

(202) 682-1300 

Cn Tiare B. Smiley 

Robinson O. Everett 

Adam Stein 

 



  

No. 99-1865 

  

IN THE SUPREME COURT OF THE UNITED STATES 

  

ALFRED SMALLWOOD, et al., 

  

RECEIVE Appellants, HAND DELIVERED 

JUL 27 2000 

OFFICE OF THE CLERK 
SUPREME COURT, U.S. 

V. 

MARTIN CROMARTIE, et al.,       Appellees. 

  

SMALLWOOD APPELLANTS’ APPLICATION FOR EXTENSION OF TIME 
TO FILE BRIEF ON THE MERITS 

  

To the Honorable William H. Rehnquist, Chief Tasiice 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 Afar 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. 

Attachment 1 

 



  

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 wopendie 

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 roquastad 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. 

  

So 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 le 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, et 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 srenshd 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 Deariient 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. 

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  



  

Office of the Clerk 

Supreme Qonrt of He Hnited States eR 20 

Washinton, B. §. 20543-0001 3 

July 26, 2000 he 

Tiare B. Smiley, Esq. 
N.C. Department of Justice 

P. O. Box 629 
Raleigh, NC 27602 

Re: 99-1864) - Hunt v. Cromartie 

99-1865) - Smallwood v. Cromartie 

Dear Mr. Smiley: 

Your request received July 19, 2000, for an extension of time to file petitioners’ brief on 
the merits in the above stated cases has been granted. The time for filing is extended to and 
including Monday, August 21, 2000. | 

Sincerely, 

WILLIAM K. SUTER, CLERK 

Denise J. McNerney 

Assistant Clerk — Merits Cases 

(202) 479-3032 

ec; Todd A. Cox, Esq. 

Robinson O. Everett, Esq. 

Attachment 2