IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF NORTH CAROLINA
)KALVIN MICHAEL SMITH,))Petitioner,))v.)No. 1:10CV29)TODD PINION, Supt.,)Piedmont Correctional)Inst.,))Respondent.)
RESPONSE AND INCORPORATED BRIEF IN OPPOSITION TO MOTION TOAPPEAR AS AMICUS CURIAE AND REQUEST FOR JUDICIAL NOTICELR 7.2 & 7.3
Respondent, Todd Pinion, Superintendent of Piedmont Correctional Institution in Salisbury, North Carolina, by and through his counsel, Roy A. Cooper, Attorney General, Mary Carla Hollis,Assistant Attorney General, and Danielle Marquis Elder, Special Deputy Attorney General,respectfully offers the following Response and Incorporated Brief in Opposition to the Motion toAppear as Amicus Curiae and Request for Judicial Notice filed by the Silk Plant Forest TruthCommittee (“SPFTC”) in this Court on July 19, 2012.
STATEMENT OF THE CASE AND FACTS
A complete statement of the relevant facts and procedural history, along with references tothe corresponding attached exhibits, can be found in Respondent’s previously filed Brief in Supportof his Motion to Dismiss and Initial Answer. Briefly, Petitioner is a prisoner of the State of NorthCarolina who is serving a 145-to-183-month sentence for felonious Assault with a Deadly WeaponWith Intent to Kill Inflicting Serious Injury and a 129-to-164-month Armed Robbery imposed in1997 for the assault of Jill Lee Marker and the armed robbery of her place of employment, the Silk Plant Forest, in Winston-Salem, North Carolina. Petitioner’s 1997 conviction and sentences wereaffirmed on direct appeal. State v. Smith, No. COA98-449, slip op. (N.C. Ct. App. Dec. 15, 1998)(unpublished). Petitioner thereafter initiated two post-conviction proceedings in state court, neither
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