FILED

1998 JAN 23 PM 2:46

GUILFORD COUNTY, C.S.C.

BY /signature/

NORTH CAROLINA
GUILFORD COUNTY

THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

97 CrS 39580

STATE OF NORTH CAROLINA,
vs.
RONNIE LEE KIMBLE,
Defendant.

MOTION TO DIRECT THE SHERIFF OF GUILFORD COUNTY TO MAKE COPIES OF CERTAIN JAIL RECORDS
AVAILABLE TO THE DEFENDANT

COMES NOW the defendant, through his undersigned attorney, and respectfully shows the court the following:

1. The State of North Carolina has indicated that it will attempt to use inmate testimony against the defendant, Ronnie Kimble, in a trial for first degree murder. It is absolutely indispensable to the defense that all inmates who have associated with Ronnie Kimble during his confinement be identified.
 

2. On December 31, 1997 the undersigned did request of Major Nesbit of the Guilford County Sheriff's Department that certain records be provided. A copy of my letter of December 31, 1997 is attached hereto.
 

3. On January 6, 1998 Major Nesbit responded to my letter with a blanket refusal to cooperate, taking the position that it would be extremely time consuming for his office to do so.
 

4. In a prior first degree murder case the undersigned did have occasion to meet with Major Nesbit and his staff to review similar records in which it was critical to know where certain inmates were situated. This was very easily provided by the Sheriff's Department and copies were made available to the undersigned at no cost. For the Guilford County Sheriff's Department to take the position that these records are difficult to provide simply is inconsistent with what has been done in similar situations. Since Major Nesbit says these records will only be provided pursuant to a directive from a Superior Court Judge, the undersigned now hereby requests such directive.

WHEREFORE, the undersigned respectfully prays that the court order the Guilford County Sheriff's Department to provide records as to where the defendant, Ronnie Kimble, has been situated in the jail during his confinement and which other inmates were housed with him at all times during his confinement.
 

This the 23rd day of January, 1998.

HATFIELD & HATFIELD

By /signature/

John B. Hatfield, Jr.
Attorney for Defendant

219 W. Washington Street

Greensboro, NC 27401

(336) 273-0589

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion was served upon the State by hand-delivering a copy to:
 

Mr. R. E. Panosh
Assistant District Attorney

Guilford County Courthouse

Greensboro, NC
 

This the 23rd day of January, 1998.

/signature/

John B. Hatfield, Jr.

HATFIELD & HATFIELD
ATTORNEYS AT LAW
219 W WASHINGTON STREET
GREENSBORO , NORTH CAROLINA 27401
 

FACSIMILE COVER SHEET

To: David Lloyd
From: Jack Hatfield
Date: January 23, 1998
 

Comments:
 

Number of Pages Including This Cover Sheet: 26
If you did not receive the number of pages listed above or if you have any problems receiving this fax, please notify us at (910) 273-0589.
 

Thank you

/signature/

THIS COMMUNICATION CONTAINS CONFIDENTIAL OR LEGALLY PRIVILEGED INFORMATION AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MATERIAL BY ANYONE OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE COLLECT AND -RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. WE WILL BE GLAD TO REIMBURSE YOU FOR POSTAGE. THANK YOU.

 [Note, this fax included the 2 letters exchanged between Hatfield and Nesbit which led to this motion]

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