United States v. Dewayne Gray
United States of America |
Dewayne Gray |
22-1031 |
January 4, 2022 |
U.S. Court of Appeals, Eighth Circuit |
Other Statutory Actions |
Docket Report
This docket was last retrieved on March 2, 2022. A more recent docket listing may be available from PACER.
Document Text |
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JUDGE ORDER: Appellant's motion to file under seal is granted [ # 5130404-2 ]. The Motion to Withdraw as Appointed Counsel is hereby denied [ # 5130415-2 ]. The Motion to Stay the Briefing Schedule for fourteen days after entry of this order is granted. Counsel for Mr. Gray has rightly and properly sought clarification of our conflicting, or at least uncertain, precedents regarding the applicability of Anders v. California, 386 U.S. 738 (1967), to civil commitment proceedings. However, it is our determination that Anders does not, for other reasons, apply under these circumstances. While Mr. Gray may face a daunting task in light of the mental health professional opinions and the applicable standard of review, his challenge is not legally frivolous. Therefore, we direct counsel to file a brief supporting Mr. Grays contentions, with any caveats deemed professionally necessary. Brief of Dewayne Gray due 03/17/2022. Adp Feb 2022 [5132058] [22-1031] (MVP) [Entered: 03/02/2022 10:28 AM] |
CLERK LETTER sent to hold briefing schedule in abeyance pending disposition of the motion to withdraw as appointed counsel. [5130422] [22-1031] (CRJ) [Entered: 02/24/2022 03:22 PM] |
MOTION to file motions to withdraw as appointed counsel and to stay the briefing schedule under seal, filed by Attorney Mr. David Randolph Mercer for Appellant Mr. Dewayne Gray w/service by USCA8 02/24/2022. [5130404] [22-1031] (CRJ) [Entered: 02/24/2022 03:05 PM] |
SEALED MOTION to withdraw as appointed counsel and to stay the briefing schedule, filed by Attorney Mr. David Randolph Mercer for Appellant Mr. Dewayne Gray w/service by USCA8 02/24/2022. [5130415] [22-1031]--[Document sealed pursuant to Order dated 03/02/2022. Edited 03/02/2022 by MVP] (CRJ) [Entered: 02/24/2022 03:14 PM] |
RECORD FILED - SEALED TRANSCRIPT, 1 volumes, Comments: Hearing on Section 4246 Petition - District Court document #13 [Copy do not return to the District Court at end of case], Source Location: USDC / WMS, Dt. of Proceeding/Hearing: 11/16/2021, No. of Pgs.: 6, Court Reporter: Whittaker, Lissa C. [5117008] [22-1031] (STL) [Entered: 01/13/2022 11:41 AM] |
APPEARANCE filed by David R. Mercer for Appellant Mr. Dewayne Gray w/service 01/05/2022 [5114487] [22-1031] (DRM) [Entered: 01/05/2022 11:00 AM] |
Originating court document filed consisting of notice of appeal, docket entries, Sealed Report & Recommendation 11/22/2021, Sealed Order 12/7/2021, Sealed Judgment 12/7/2021. [5114207] [22-1031] (CMH) [Entered: 01/04/2022 03:53 PM] |
CLERK ORDER:The Federal Public Defender is hereby appointed to represent appellant in this case. [5114209] [22-1031] (CMH) [Entered: 01/04/2022 03:54 PM] |
BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 02/14/2022. Appendix due 02/23/2022. BRIEF APPELLANT, Dewayne Gray due 02/23/2022 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5114218] [22-1031] (CMH) [Entered: 01/04/2022 03:57 PM] |
APPEARANCE filed by Cynthia J. Hyde for Appellee United States of America w/service 01/04/2022 [5114235] [22-1031] (CJH) [Entered: 01/04/2022 04:02 PM] |
Civil case docketed. [5114198] [22-1031] (CMH) [Entered: 01/04/2022 03:48 PM] |
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Plaintiff / appellee: United States of America | |
Represented By: | Cynthia Jean Hyde |
Represented By: | Shane Patrick McCullough |
Represented By: | Kacey Tilley |
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Defendant / appellant: Dewayne Gray | |
Represented By: | Dewayne Gray |
Represented By: | David Randolph Mercer |
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