Letter: Danielle M. Carman (Assistant
Appellate Defender) to Ted Kimble, filing brief and other matters
STATE OF NORTH CAROLINA
123 WEST MAIN STREET
DURHAM, NC 27701
MALCOLM RAY HUNTER, JR.
October 13, 1999
Theodore M. Kimble, #0599011
1300 Western Blvd.
Raleigh, North Carolina 27606
Re: State v.
Theodore Mead Kimble
97 CrS 39581; 98 CrS 23486, 23656; 99 CrS 23241-23248
Dear Mr. Kimble:
Thank you for your recent letter. I spoke with David Lloyd about
Ronnie's appeal this morning. Mr. Lloyd is planning to file Ronnie's
brief in the Court of Appeals within the next two weeks. At this
point, I am expecting your brief to be due sometime at the very
beginning of next year; however, it is possible that I may be able
to stall that deadline until February or March of 2000. Thus,
Ronnie's appeal will be running about 2-4 months ahead of yours.
I believe the strongest argument Mr. Lloyd is planning to raise
involves the admission of hearsay statements you allegedly made to
certain witnesses implicating Ronnie as Patricia's actual murderer.
In my opinion, that is a good legal issue, but it may be difficult
to show prejudice in light of Ronnie's alleged confession to Mitch
Whidden. Unfortunately, it is very difficult for either Mr. Lloyd or
myself to accurately predict whether the Court of Appeals will grant
Ronnie a new trial. I wish I could give you more information but
that is really the best I can do at this time.
Your father mentioned to me that you are having difficulty obtaining
7 volumes of Ronnie's trial transcript despite the existence of a
Court Order directing the Court Reporter to deliver a copy to you.
Have you been able to obtain all of the transcripts or do you need
me to contact Mr. Crumpler and try to locate them?
I have enclosed the business card you requested. I apologize for not
sending it earlier. I will plan on scheduling a visit with you
sometime in November. In the meantime, please feel free to write if
you have any questions or concerns. I hope you are doing as well as
Danielle M. Carman
Assistant Appellate Defender
cc: Rev. Ronnie and Edna Kimble
6318 Liberty Rd.
Julian, North Carolina 27283