No. 19-6696

Barbara Myers-McNeil v. North Carolina

Lower Court: North Carolina
Docketed: 2019-11-20
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: appellate-procedure civil-rights criminal-procedure due-process equal-protection indigent-defense language-access right-to-counsel transcript
Latest Conference: 2020-04-17 (distributed 3 times)
Question Presented (AI Summary)

Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint a language translator or interpreter for an indigent defendant who does not read or speak English

Question Presented (from Petition)

No question identified. : Respectfully submitted this 12th day of November, 2019. IDI E. REINER* Assistant Appellate Defender GLENN GERDING Appellate Defender Office of the Appellate Defender 123 West Main Street, Suite 500 Durham, North Carolina 27701 (919) 354-7210 *Counsel of Record EXHIBIT A i : File No. “3 STATE OF NORTH CAROLINA L6CRE20I15 a ‘Additional File No.{s) = In The General Court Of Justice a (District (J) Superior Court Division Name Of Defendant — _| : . BARBARA MYERS-MCNEIL APPELLATE ENTRIES | OF Tike = gem a _ 08/172017 PECSAIEY Rules 7, 9, 1, and 27 of the N.C. Rules of Appelate Procedure Codefandani(s) F Tuied Joh Fear eer Bape Name And Address Of Defendant's Tal Counsel 3 Ms) edointy RICHARD ELMORE a AUG 5 20t7 300 S. SALISBURY 5TH FLOOR . | Name And Address OF Tital Prosecutor ELL Ate Hee : | JERMAINE SELLERS APP BLLATE net EN SP lephone ne Emait Address PO BOX 31 SURAAM, NC 919-792-5470_| RALEIGH, NC 27601 ‘Name And Address Of Defendant's Tat Counset | B19-199-bb44 TERMA INE. a Neme And Address Of Trial Transctipfonist a | MAREN FAWCETTE Email Address . PO BOX 351 i RALEIGH, NC 27601 Name And Address Of Defendant's Appettate Counsel > ; The Appellate Defender (919) 364-7210 | — 123 W. Main Street, Suite 500, Durham, NC 27701 3 Telephone No. Email Addi . > | 919-792-7502 |M "AREN ME. AWCETTR NOTE: Ai indigent appeals ere assigned fo the Appellate Defender. | Nome And Address OF Trial Transcriptionist [1 Retained Appeliate Counsel a [eee ‘Name And Address OF Transcriptionist Of Olher Proceedings On The Following Date(s) |Name And Address Of Transcriptionist Of Other Proceedings On the Following Date(s) | . Ee es SPE | JUDGE'S Rog Sates 1. a. The defendant has given Notice of Appeal to the N.C, Court of Appeals, or q ("| b. This is a capital case appealable as of right to the N.C. Supreme Court. . 7 2. Release of the defendant pursuant to G.S. 154-636 is [CIdenied. ([]allowed upon execution of a sécured bond in the amount a off atid compliance with the following additional conditions: 7 3., Unless indigent, the defendant shall arrange for the transcription of thé proceedings as provided in the Rules of Appellate Procedure. 4 (NOTE: Check in all cases where defendant is indigent.) The ‘defendant is indigent and has requested a transcript and the appointment 7 of counsel. It is ORDERED that the defendant is allowed to appeal as an indigent and: 2 a. . The’ Office of Indigent Defénse Services shall pay the costs of producing a transcript, and of reproducing the record and the a defendant's brief. ; 4 b, . The Appellate Defender is appointed to perfect the defendant's appeal or assign other appéilate counsel pursuant to rules issued by Q . the Office of indigent Defense Services. ° * / c. Upon request, the Clerk shall furnish to the Appellate Defender, or to alternate counset designated by the Appellate Defender, a | copy of the complete trial division file in the case and, upon request, any documentary exhibits. ; d. Unless the parties stipulate that parts of the proceedings shall not be transcribed, the Clerk shail order from the a transcript of all parts of the proceedings except. i] nS erer Orginat-File Copy-Defendant’s Teal Counsel Gopy-Defendant’s Appellate Counsel (or Defendantif unrepresented) Copy-District Attomey a AOC-CR-350, Rev. 3/16 Material opposite unmarked sa

Docket Entries

2020-04-20
Petition DENIED.
2020-04-13
DISTRIBUTED for Conference of 4/17/2020.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-20
Reply of petitioner Barbara Myers-McNeil filed.
2020-02-10
Brief of respondent State of North Carolina in opposition filed.
2020-01-08
Motion to extend the time to file a response is granted and the time is extended to and including February 10, 2020.
2020-01-06
Motion to extend the time to file a response from January 9, 2020 to February 10, 2020, submitted to The Clerk.
2019-12-10
Response Requested. (Due January 9, 2020)
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-12-02
Waiver of right of respondent State of North Carolina to respond filed.
2019-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)

Attorneys

Barbara Myers-McNeil
Heidi Elizabeth ReinerNorth Carolina Office of the Appellate Defender, Petitioner
Heidi Elizabeth ReinerNorth Carolina Office of the Appellate Defender, Petitioner
State of North Carolina
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent
Kimberly Nicole CallahanNorth Carolina Department of Justice, Respondent