State v. A. Twardoski

DA 23-0452 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0452
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Affirmed
Lower court case DC 17-59
Lower court judge Hon. Jennifer B. Lint

Key dates

Closed Jul 23, 2026
Classified Jun 17, 2026
Appeal filed Aug 18, 2023
Record filed Oct 10, 2023
Briefing ended Dec 19, 2025
Opinion issued Jul 7, 2026
Briefing started Oct 10, 2023
Transcript filed Sep 26, 2023
Sent to the court Dec 22, 2025
Submitted for decision Dec 22, 2025
Appellant Reply Brief Filed Dec 19, 2025
Appellant Opening Brief Filed Apr 30, 2025
Appellee Response Brief Filed Nov 20, 2025

Calculated

from the docket dates
Appeal filed to briefing start 53
Briefing days 801
Briefing start to opening brief filed 568
Classified to Opinion 20
Close of briefing to sent to court 2
Filing date to Opinion 1,054
Filing date to closed 1,070
Opening to response 204
Opinion to closed 15
Response to reply 29
Sent to court to classified 177
Submitted for decision to Opinion 197

Tags

Affirmed Closed En Banc Five Justice Panel Published opinion Reclassified En Banc Request for Out of Time Appeal Granted Request for out of time appeal filed

Parties

Appellee
State of Montana
Represented by William E. Fulbright
Appellant
Alan Peter Twardoski
Represented by Tammy Ann Hinderman

Opinion

State v. A. Twardoski, 2026 MT 142

Affirmed on July 7, 2026, in a 4 to 0 with 3 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jul 28, 2026 8:31 AM Record
Event - Case Closed (electronic record) Jul 23, 2026 10:27 AM Closing Notice
Record - DC Record Returned to District Court (exhibits only) Jul 23, 2026 10:27 AM Record
Notice - Outgoing - Opinion Release Notice Issued Jul 23, 2026 10:18 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jul 23, 2026 10:13 AM Closing Notice
Opinion - Published - Justice Shea AFFIRMS Jul 7, 2026 3:16 PM Opinion
Order - Classified - En Banc - This cause, which was previously classified for submission to briefs to a five-justice panel, is hereby reclassified for submission to the Court sitting en banc Jun 17, 2026 11:39 AM Classifying Notice
Notice - Incoming - Appearance - Tammy A. Hinderman for the Appellant Jun 9, 2026 10:40 AM Notice - Incoming
Order - Classified - Five Justice Panel Mar 4, 2026 10:02 AM Classifying Notice
Event - Case Sent to Court Dec 22, 2025 9:53 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Dec 22, 2025 9:49 AM Notice - Outgoing
Brief - Appellant Reply Dec 19, 2025 4:43 PM Appellant Reply Brief
Order - Appellant is given an extension of time until January 2, 2026, to prepare, file, and serve Appellant's reply brief. No further extensions will be granted Nov 26, 2025 12:07 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Nov 26, 2025 11:21 AM Motion
Notice - Outgoing - Appellee's Response Brief Filed Nov 20, 2025 3:19 PM Notice - Outgoing
Brief - Appellee's Response Nov 20, 2025 1:58 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including November 25, 2025, within which to prepare, file, and serve its response brief Oct 16, 2025 9:28 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Oct 16, 2025 8:56 AM Motion
Order - Appellee is granted an extension of time to and including October 26, 2025, within which to prepare, file, and serve its response brief Sep 18, 2025 2:52 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to fil Appellee's Brief Sep 18, 2025 1:32 PM Motion
Order - Appellee is granted an extension of time to and including September 26, 2025, within which to prepare, file, and serve its response brief Aug 20, 2025 4:46 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Aug 20, 2025 2:51 PM Motion
Order - Appellee is granted an extension of time to and including August 27, 2025, within which to prepare, file, and serve its response brief Jul 21, 2025 4:47 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Jul 21, 2025 4:28 PM Motion
Order - Appellee is granted an extension of time to and including July 28, 2025, within which to prepare, file, and serve its response brief Jun 24, 2025 9:24 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Jun 24, 2025 8:25 AM Motion
Extension - Appellee is granted an extension of time to and including June 29, 2025, within which to prepare, file, and serve the State's response brief May 20, 2025 11:25 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief May 20, 2025 9:09 AM Motion
Notice - Outgoing - Brief Filed Apr 30, 2025 1:48 PM Notice - Outgoing
Brief - Appellant's Opening Apr 30, 2025 11:20 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including May 8, 2025, within which to prepare, file, and serve Appellant's opening brief Mar 31, 2025 10:22 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief - Appellant's Opening Brief Mar 31, 2025 9:29 AM Motion
Notice - Incoming - Appearance - Kristina L. Neal - Contract Counsel for the Appellant Feb 6, 2025 8:49 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including April 8, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 27, 2025 3:11 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jan 27, 2025 1:11 PM Motion
Order - Appellant is granted an extension of time to and including February 7, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 2, 2024 12:04 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 2, 2024 8:42 AM Motion
Order - Appellant is granted an extension of time to and including December 9, 2024, within which to prepare, file, and serve Appellant's opening brief Oct 3, 2024 11:04 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 2, 2024 2:17 PM Motion
Order - Appellant is granted an extension of time to and including October 9, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 4, 2024 6:32 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Sep 3, 2024 10:23 PM Motion
Order - Appellant is granted an extension of time to and including September 9, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 5, 2024 1:48 PM Order - Extension
Motion - Unopposed - (OPENING BRIEF) Motion and Affidavit for Second or Subsequent Extension Aug 2, 2024 1:44 PM Motion
Order - Appellant is granted an extension of time to and including August 9, 2024, within which to prepare, file, and serve Appellant's opening brief Jul 1, 2024 5:07 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Jul 1, 2024 1:23 PM Motion
Order - Appellant is granted an extension of time to and including July 10, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 4, 2024 11:56 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 4, 2024 9:36 AM Motion
Order - Appellant is granted an extension of time to and including June 10, 2024, within which to prepare, file, and serve Appellant's opening brief May 1, 2024 12:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 1, 2024 10:30 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to May 10, 2024, to prepare, file, and serve Appellant's opening brief Apr 4, 2024 1:12 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (OPENING) Apr 3, 2024 12:32 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 10, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 4, 2024 4:05 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Mar 4, 2024 2:11 PM Motion
Order - Grant - Extension of Time -Appellant is granted an extension of time to and including March 11, 2024, within which to prepare, file, and serve Appellant's opening brief Feb 1, 2024 11:10 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Feb 1, 2024 9:43 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to February 9, 2024, to prepare, file, and serve Appellant's opening brief Jan 5, 2024 9:56 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 4, 2024 3:58 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 10, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 4, 2023 3:12 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 4, 2023 1:26 PM Motion
Extension - Grant of Extension - Appellant is given an extension of time until December 11, 2023, to prepare, file, and serve the Appellant's opening brief Nov 3, 2023 12:25 PM Extension
Motion - Unopposed Appellant's Motion for an Extension of Time to File Opening Brief (First Request 30 Days) Nov 2, 2023 1:31 PM Motion
Notice - Outgoing - Exhibits Filed Oct 12, 2023 2:31 PM Notice - Outgoing
Record - DC Record/Exhibits - Electronic Exhibits Filed for Cause No. 2017-0059; Consisting of 1 small Manilla Envelope with 2 CDs Oct 12, 2023 2:26 PM Record
Notice - Outgoing - Exhibits Filed Oct 11, 2023 3:29 PM Notice - Outgoing
Record - DC Record/Exhibits Filed for Cause No. DC 2017-0059; Consisting of 1 small Manilla Envelope with 5 CDs Oct 11, 2023 3:25 PM Record
Notice - Outgoing - District Court Record Filed Oct 10, 2023 10:43 AM Record
Record - DC Record Filed for Cause DC 17-59 electronic documents consisting of 1-219, exhibits and Case Register Report Oct 10, 2023 10:29 AM Record
DC Record/Exhibits Filed for Cause No. DC 17-59 consisting of electronic documents 1-219 and electronic Exhibits 1-20 and Case Register Report Oct 6, 2023 11:45 AM Other
Notice - Outgoing - Transcript Filed Sep 26, 2023 11:48 AM Transcript
Record - Transcripts Filed - August 12, 2021, September 2, 2021, December 9, 2021, January 6, 2022, February 10, 2022, Status Hearing, March 31, 2022, April 21, 2022, May 16 through 18, 2022, September 1, 2022, and September 22, 2022, Hearing Sep 26, 2023 11:41 AM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 31, 2023 1:01 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 31, 2023 11:10 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 31, 2023 9:36 AM Notice - Incoming
Order - the petition for out of time appeal is GRANTED; ADD shall have 30 days to file a notice of appeal and order transcripts Aug 29, 2023 2:22 PM Order - Other
Event - Sent to Court-Pleading Aug 18, 2023 2:01 PM Event
Petition - Out of Time Appeal Aug 18, 2023 1:47 PM Petition