Grant, et al v. Crow, et al
JAMES A. CODDINGTON, BENJAMIN R. COLE, CARLOS CUESTA-RODRIGUEZ, RICHARD S. FAIRCHILD, WENDELL A. GRISSOM, MARLON D. HARMON, RAYMOND E. JOHNSON, EMMANUEL A. LITTLEJOHN, JAMES D. PAVATT, KENDRICK A. SIMPSON, KEVIN R. UNDERWOOD, BRENDA E. ANDREW, RICHARD E. GLOSSIP, PHILLIP D. HANCOCK, ALFRED B. MITCHELL, TREMANE WOOD, RONSON KYLE BUSH, SCOTT EIZEMBER, JOHN F HANSON, MICA ALEXANDER MARTINEZ, RICKY RAY MALONE, CLARANCE GOODE, ANTHONY SANCHEZ, MICHAEL DEWAYNE SMITH, JAMES RYDER, RICHARD ROJEM and JEMAINE MONTEIL CANNON |
JULIUS D. JONES, DONALD ANTHONY GRANT, GILBERT RAY POSTELLE, JOHN M. GRANT and WADE LAY |
SCOTT CROW, RANDY CHANDLER, BETTY GESELL, JOSEPH GRIFFIN, F. LYNN HAUETER, KATHRYN A. LAFORTUNE, STEPHAN MOORE, CALVIN PRINCE, T. HASTINGS SIEGFRIED, DARYL WOODARD, TOMMY SHARP, ABOUTANAA EL HABTI, JUSTIN FARRIS, MICHAEL CARPENTER and JUSTIN GIUDICE |
21-6139 |
October 25, 2021 |
U.S. Court of Appeals, Tenth Circuit |
Other |
Opinions
We have the following opinions for this case:
Description |
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<p>Grant, et al. v. Crow, et al.</p> |
Docket Report
This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
Document Text |
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[10877125] Mandate issued. [21-6139] [Entered: 12/06/2021 07:28 AM] |
[10871813] Paper copies of appellees' brief received from Michael Carpenter, Randy Chandler, Scott Crow, Aboutanaa El Habti, Justin Farris, Betty Gesell, Justin Giudice, Joseph Griffin, F. Lynn Haueter, Kathryn A. LaFortune, Stephan Moore, Calvin Prince, Tommy Sharp, T. Hastings Siegfried and Daryl Woodard. [21-6139] [Entered: 11/12/2021 11:44 AM] |
[10871801] Paper copies of appellants' reply brief received from Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. [21-6139] [Entered: 11/12/2021 11:27 AM] |
[10871978] Affirmed;Terminated on the merits after submissions without oral hearing; Written, unsigned, unpublished. Judges Tymkovich, Murphy and Moritz. Mandate to issue. [21-6139] [Entered: 11/12/2021 04:27 PM] |
[10871379] Minute order filed - the reply brief submitted by appellants is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies due 11/18/2021 by Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. (Text Only - No Attachment) [21-6139] [Entered: 11/10/2021 10:38 AM] |
[10871375] Appellant/Petitioner's reply brief filed by Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. Served on 11/10/2021. Manner of Service: email. Word/page count: 6214. This pleading complies with all required privacy and virus certifications: Yes. [21-6139] DAB [Entered: 11/10/2021 10:29 AM] |
[10870879] Minute order filed - the brief submitted by appellees is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies of appellees' brief due 11/17/2021 by Scott Crow, et al. Appellants' optional reply brief due no later than 12 p.m. MST on 11/10/2021 for Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. (Text Only - No Attachment) [21-6139] [Entered: 11/09/2021 07:52 AM] |
[10870584] Motion filed by Appellants Julius D. Jones, Donald Anthony Grant, Wade Lay and Gilbert Ray Postelle to supplement the record on appeal. Served on: 11/08/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-6139] DAB [Entered: 11/08/2021 12:17 PM] |
[10870562] Paper copies of appellants' opening brief received from Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. [21-6139] [Entered: 11/08/2021 11:59 AM] |
[10870599] Miscellaneous correspondence received from Donald Anthony Grant but not filed. Response letter sent 11/08/21 (attached). Received on 11/05/2021 and 11/08/2021. Manner of Service: US mail. [21-6139] [Entered: 11/08/2021 12:39 PM] |
[10870680] Supplemental record on appeal filed. No. of Volumes: 1 - pleadings. (Supplemental Volume 1) [21-6139] [Entered: 11/08/2021 02:06 PM] |
[10870855] Appellee/Respondent's brief filed by Mr. Michael Carpenter, Randy Chandler, Scott Crow, Aboutanaa El Habti, Mr. Justin Farris, Ms. Betty Gesell, Justin Giudice, Mr. Joseph Griffin, F. Lynn Haueter, Ms. Kathryn A. LaFortune, Mr. Stephan Moore, Mr. Calvin Prince, Mr. Tommy Sharp, T. Hastings Siegfried and Daryl Woodard. Served on: 11/08/2021. Manner of service: email. Oral argument requested? No. Word/page count: 12952. This pleading complies with all required privacy and virus certifications: Yes. [21-6139] MM [Entered: 11/08/2021 08:11 PM] |
[10870676] Order filed by Clerk of the Court - Appellants Motion to Supplement the Record is granted. The Clerks Office shall file District Court Doc. Nos. 259 and 456 as a supplement to the record on appeal. Served on 11/08/2021. Text only entry - no attachment. [21-6139] [Entered: 11/08/2021 02:00 PM] |
[10870130] Order filed by Clerk of the Court directing Appellants to file a motion to supplement the record on appeal with Attachments 12 and 13, attached to the opening brief. The motion to supplement shall be filed by 11/08/2021 for Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. Appellants' request for judicial notice re Attachment 11 and "the facts of John Grant's execution" is taken under advisement. Served on 11/04/2021. [21-6139] [Entered: 11/04/2021 03:55 PM] |
[10869916] Minute order filed - Paper copies of appellants' brief shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing, including all attachments. Paper copies of appellants' brief due 11/12/2021 by Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. Appellees' brief due 11/08/2021 for Michael Carpenter, Randy Chandler, Scott Crow, Aboutanaa El Habti, Justin Farris, Betty Gesell, Justin Giudice, Joseph Griffin, F. Lynn Haueter, Kathryn A. LaFortune, Stephan Moore, Calvin Prince, Tommy Sharp, T. Hastings Siegfried and Daryl Woodard. (Text Only - No Attachment) [21-6139] [Entered: 11/04/2021 10:06 AM] |
[10869719] Entry of appearance submitted by Bryan Cleveland for Appellees Mr. Michael Carpenter, Randy Chandler, Scott Crow, Aboutanaa El Habti, Mr. Justin Farris, Ms. Betty Gesell, Justin Giudice, Mr. Joseph Griffin, F. Lynn Haueter, Ms. Kathryn A. LaFortune, Mr. Stephan Moore, Mr. Calvin Prince, Mr. Tommy Sharp, T. Hastings Siegfried and Daryl Woodard for court review. Certificate of Interested Parties: Yes. Served on 11/03/2021. Manner of Service: email. [21-6139]--[Edited 11/03/2021 by JM PDF removed filed 11/3/21.] BC [Entered: 11/03/2021 01:03 PM] |
[10869799] Entry of appearance filed by Mr. Bryan Cleveland for Daryl Woodard, T. Hastings Siegfried, Mr. Tommy Sharp, Mr. Calvin Prince, Mr. Stephan Moore, Ms. Kathryn A. LaFortune, F. Lynn Haueter, Mr. Joseph Griffin, Justin Giudice, Ms. Betty Gesell, Mr. Justin Farris, Aboutanaa El Habti, Scott Crow, Randy Chandler and Mr. Michael Carpenter. CERT. OF INTERESTED PARTIES: y. All parties listed previously disclosed to the court. Served on 11/03/2021. Manner of Service: email. [21-6139] [Entered: 11/03/2021 03:27 PM] |
[10869835] Appellant/Petitioner's brief filed by Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. Served on 11/03/2021 by email. Oral argument requested? Yes. Word/page count: 9847. This pleading complies with all required privacy and virus certifications: Yes. [21-6139] DAB [Entered: 11/03/2021 07:06 PM] |
[10868877] Record on appeal filed. No. of Volumes: 13. Volumes VII - XI - Pleadings, Volume XII - Sealed Pleadings and Volume XIII - Transcripts. [21-6139] --[Edited 11/01/2021 by SLS to replace Volume XII and to renumber volumes, edit descriptions and add pagination] [Entered: 11/01/2021 01:14 PM] |
[10868862] Record on appeal filed. No. of Volumes: 13. Volumes I - VI - Pleadings. [21-6139] --[Edited 11/01/2021 by SLS to renumber volumes, edit descriptions and add pagination.] [Entered: 11/01/2021 01:01 PM] |
[10868750] Order filed by Judges Tymkovich, Murphy and Moritz on consideration of appellants' proposed expedited briefing schedule, the expedited briefing deadlines are modified as set forth in the attached order. Appellants' opening brief now due on Wednesday, 11/03/2021. Appellees' response brief now due Monday, 11/08/2021. Appellants' optional reply brief now due no later than 12 p.m. MST on Wednesday, 11/10/2021. Served on 11/01/2021. [21-6139] [Entered: 11/01/2021 07:43 AM] |
[10868730] Response filed by Donald Anthony Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle to Court's October 29, 2021 Order. Served on 10/30/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-6139] EVR [Entered: 10/30/2021 09:25 AM] |
[10868542] Order filed by Judges Tymkovich, Murphy and Moritz - This matter is before the court sua sponte. Should the parties wish to further expedite briefing in light of the Supreme Courts order vacating the stay of Julius Joness November 18, 2021 execution, they shall file a response with proposed expedited briefing deadlines no later than October 30, 2021. Served on 10/29/2021. [21-6139] [Entered: 10/29/2021 11:11 AM] |
[10868568] Designation of record filed by Appellants Donald Anthony Grant, John M. Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle. Served on 10/29/2021. Manner of Service: email. [21-6139] EVR [Entered: 10/29/2021 11:43 AM] |
[10868203] Expedited Merits Briefing Order filed by Judges Tymkovich, Murphy and Moritz. Designation of record due no later than 12:00 MDT on Friday, 10/29/2021. A transcript order form shall also be filed by 12:00 p.m. MDT on Friday, 10/29/2021. Appellants' opening brief due on Saturday, 11/06/2021. Appellees' response brief due Monday, 11/15/2021. Appellants' optional reply brief due Friday, 11/19/2021 Requests for extensions of these deadlines are strongly discouraged and will only be granted in the most extraordinary circumstances. Please see attached order for additional information. Served on 10/28/2021. [21-6139] --[Edited to correct file stamp 10/28/2021 by SLS.] [Entered: 10/28/2021 09:30 AM] |
[10868287] Notice filed by John M. Grant. Served on 10/28/2021 by email. [21-6139] EVR [Entered: 10/28/2021 12:36 PM] |
[10868327] Order issued by the Supreme Court: the application to vacate the stays of execution entered by the 10th Circuit Court of Appeals is granted. See attachment for details. [21-6139] [Entered: 10/28/2021 02:07 PM] |
[10868042] Order filed by Judges Tymkovich, Murphy and Moritz granting appellants' motion for stay in part. See order for details. Judge Tymkovich dissents. Served on 10/27/2021. [21-6139] [Entered: 10/27/2021 01:11 PM] |
[10867729] Response filed by Mr. Michael Carpenter, Randy Chandler, Scott Crow, Aboutanaa El Habti, Mr. Justin Farris, Ms. Betty Gesell, Justin Giudice, Mr. Joseph Griffin, F. Lynn Haueter, Ms. Kathryn A. LaFortune, Mr. Stephan Moore, Mr. Calvin Prince, Mr. Tommy Sharp, T. Hastings Siegfried and Daryl Woodard to Appellant's Motion for Stay of Execution. Served on 10/26/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-6139] MM [Entered: 10/26/2021 01:09 PM] |
[10867726] Entry of appearance submitted by Mithun Mansinghani for Appellees Mr. Michael Carpenter, Randy Chandler, Scott Crow, Aboutanaa El Habti, Mr. Justin Farris, Ms. Betty Gesell, Justin Giudice, Mr. Joseph Griffin, F. Lynn Haueter, Ms. Kathryn A. LaFortune, Mr. Stephan Moore, Mr. Calvin Prince, Mr. Tommy Sharp, T. Hastings Siegfried and Daryl Woodard for court review. Certificate of Interested Parties: Yes. Served on 10/26/2021. Manner of Service: email. [21-6139] --[Edited 10/26/2021 by SLS to remove PDF from docket entry as the document has been filed.] MM [Entered: 10/26/2021 01:05 PM] |
[10867488] Order filed by Clerk of the Court. Response to appellants' motion for stay of execution due no later than 4:00 p.m. MDT on 10/26/2021 for Scott Crow, et al. Served on 10/26/2021. [21-6139] [Entered: 10/26/2021 07:36 AM] |
[10867730] Entry of appearance filed by Mr. Mithun Mansinghani for Mr. Tommy Sharp, Aboutanaa El Habti, Scott Crow, T. Hastings Siegfried, Randy Chandler, Ms. Betty Gesell, Mr. Joseph Griffin, F. Lynn Haueter, Ms. Kathryn A. LaFortune, Mr. Stephan Moore, Mr. Calvin Prince, Daryl Woodard, Mr. Justin Farris, Mr. Michael Carpenter and Justin Giudice. CERT. OF INTERESTED PARTIES: y. Served on 10/26/2021. Manner of Service: email. [21-6139] [Entered: 10/26/2021 01:13 PM] |
[10867676] Entry of appearance submitted by Jennifer L. Crabb for Appellees Mr. Michael Carpenter, Randy Chandler, Scott Crow, Aboutanaa El Habti, Mr. Justin Farris, Ms. Betty Gesell, Justin Giudice, Mr. Joseph Griffin, F. Lynn Haueter, Ms. Kathryn A. LaFortune, Mr. Stephan Moore, Mr. Calvin Prince, Mr. Tommy Sharp, T. Hastings Siegfried and Daryl Woodard for court review. Certificate of Interested Parties: No. Served on 10/26/2021. Manner of Service: email. [21-6139]--[Edited 10/26/2021 by JM PDF removed filed 10/26/21.] JLC [Entered: 10/26/2021 11:49 AM] |
[10867791] Entry of appearance filed by Mr. Dale A. Baich for Wade Lay, Donald Anthony Grant, John M. Grant, Julius D. Jones and Gilbert Ray Postelle. CERT. OF INTERESTED PARTIES: n. Served on 10/26/2021. Manner of Service: email. [21-6139] [Entered: 10/26/2021 02:49 PM] |
[10867848] Entry of appearance filed by Mr. Michael W. Lieberman and Ms. Jennifer M. Moreno for Wade Lay, Donald Anthony Grant, John M. Grant, Julius D. Jones and Gilbert Ray Postelle. CERT. OF INTERESTED PARTIES: n. Served on 10/26/2021. Manner of Service: email, US mail. [21-6139] [Entered: 10/26/2021 04:31 PM] |
[10867742] Entry of appearance filed by Ms. Jennifer L. Crabb for Daryl Woodard, T. Hastings Siegfried, Mr. Tommy Sharp, Mr. Calvin Prince, Mr. Stephan Moore, Ms. Kathryn A. LaFortune, F. Lynn Haueter, Mr. Joseph Griffin, Justin Giudice, Ms. Betty Gesell, Mr. Justin Farris, Aboutanaa El Habti, Scott Crow, Randy Chandler and Mr. Michael Carpenter. CERT. OF INTERESTED PARTIES: n. Served on 10/26/2021. Manner of Service: email. [21-6139] [Entered: 10/26/2021 01:37 PM] |
[10867751] Entry of appearance submitted by Dale A. Baich for Appellants Donald Anthony Grant, John M. Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle for court review. Certificate of Interested Parties: No. Served on 10/26/2021. Manner of Service: email, US mail. [21-6139]--[Edited 10/26/2021 by KLP to delete the attachment; entry filed.] DAB [Entered: 10/26/2021 01:50 PM] |
[10867746] Entry of appearance submitted by Michael W. Lieberman, Jennifer M. Moreno for Appellants Donald Anthony Grant, John M. Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle for court review. Certificate of Interested Parties: No. Served on 10/26/2021. Manner of Service: email, US mail. [21-6139]--[Edited 10/26/2021 by JM PDF removed filed 10/26/21] MWL [Entered: 10/26/2021 01:47 PM] |
[10867431] Amended notice of appeal filed. [21-6139] [Entered: 10/25/2021 04:05 PM] |
[10867421] Prisoner case docketed. DATE RECEIVED: 10/25/2021. Docketing statement, transcript order form, entry of appearance, designation of record, and appointment motion due 11/08/2021 for appellants. Entry of appearance due 11/08/2021 for appellees. [21-6139] [Entered: 10/25/2021 03:58 PM] |
[10867470] Motion filed by Appellants Donald Anthony Grant, John M. Grant, Julius D. Jones, Wade Lay and Gilbert Ray Postelle for stay of Executions. Served on: 10/25/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-6139] EVR [Entered: 10/25/2021 06:21 PM] |
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