State v. Velasquez

DA 14-0770 ·Direct Appeal ·Criminal ·Closed
Docket DA 14-0770
Type Direct Appeal — Dangerous Drugs
Classification Criminal
Outcome Reversed
Lower court case DC 13-37
Lower court judge Hon. David J. Cybulski

Key dates

Closed Sep 2, 2016
Classified Jul 27, 2016
Appeal filed Dec 2, 2014
Record filed Dec 26, 2014
Briefing ended Jun 3, 2016
Opinion issued Aug 30, 2016
Briefing started Mar 30, 2015
Transcript filed Mar 30, 2015
Sent to the court Jun 8, 2016
Submitted for decision Jun 8, 2016
Appellant Reply Brief Filed Jun 3, 2016
Appellant Opening Brief Filed Nov 24, 2015
Appellee Response Brief Filed Apr 22, 2016

Calculated

from the docket dates
Appeal filed to briefing start 118
Briefing days 431
Briefing start to opening brief filed 239
Classified to Opinion 34
Close of briefing to sent to court 5
Filing date to Opinion 637
Filing date to closed 640
Opening to response 150
Opinion to closed 2
Response to reply 41
Sent to court to classified 48
Submitted for decision to Opinion 83

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Timothy Charles Fox
Appellant
Hilario Martin Velasquez
Represented by Gem Koan Mercer

Opinion

State v. Velasquez, 2016 MT 216

Reversed on August 30, 2016, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Sep 12, 2016 11:51 AM Record
Record - DC Record Returned to District Court Sep 2, 2016 9:30 AM Record
Event - Case Closed Sep 2, 2016 9:30 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Sep 2, 2016 9:19 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Sep 2, 2016 9:19 AM Closing Notice
Order - remittitur shall issue immediately Sep 2, 2016 8:35 AM Order - Other
Motion For Immediate Remittitur Sep 1, 2016 2:52 PM Motion
Opinion - Published - Justice Baker, reversed and remanded for dismissal of the charges Aug 30, 2016 3:04 PM Opinion
Order - Classified - Five Justice Panel Jul 27, 2016 1:37 PM Classifying Notice
Event - Case Sent to Court Jun 8, 2016 1:59 PM Classifying Notice
Notice - Outgoing - Brief Filed Jun 6, 2016 10:44 AM Notice - Outgoing
Brief - Appellant Reply Jun 3, 2016 1:54 PM Appellant Reply Brief
Extension - Appellant is given an extension of time until June 6, 2016, to prepare, file, and serve the reply brief Apr 26, 2016 1:52 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Apr 26, 2016 10:02 AM Motion
Notice - Outgoing - Brief Filed Apr 26, 2016 9:12 AM Notice - Outgoing
Brief - Appellee's Response Apr 22, 2016 4:31 PM Appellee Response Brief
Order- Appellee is granted an extension of time to and including April 22, 2016, within which to prepare, serve, and file its response brief Mar 16, 2016 12:11 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Mar 16, 2016 9:55 AM Motion
Order - Grant - Extension of Time - Appellee is granted until 3/23/16 to file the response brief Feb 11, 2016 12:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Feb 10, 2016 3:44 PM Motion
Order - Grant - Extension of Time - Appellee is granted until 2/22/16 to file the response brief Dec 28, 2015 12:44 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) Dec 23, 2015 4:59 PM Motion
Notice - Outgoing - Brief Filed Nov 25, 2015 11:39 AM Notice - Outgoing
Brief - Appellant's Opening Nov 24, 2015 1:52 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 11/27/15 to file the opening brief Oct 20, 2015 11:45 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 20, 2015 10:06 AM Motion
Order - Order - Appellant is granted an extension of time to and including October 28, 2015, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 17, 2015 12:36 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 16, 2015 3:12 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 9/28/15 to file the opening brief Aug 19, 2015 2:10 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Aug 19, 2015 10:52 AM Motion
Order - Appellant is granted an extension of time to and including August 28, 2015, within which to prepare, file, and serve its opening brief Jul 16, 2015 11:12 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 15, 2015 4:21 PM Motion
Order - Appellant is granted an extension of time to and including July 29, 2015, within which to prepare, file, and serve its opening brief Jun 18, 2015 4:34 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 18, 2015 11:46 AM Motion
Order - Appellant is granted an extension of time to and including June 29, 2015, within which to prepare, file, and serve its opening brief May 14, 2015 9:50 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 13, 2015 4:36 PM Motion
Notice - Incoming - Appearance - Koan Mercer for Appellant May 13, 2015 4:00 PM Notice - Incoming
Extension - Appellant is given an extension of time until May 29, 2015, to prepare, file, and serve the Appellant's opening brief Apr 28, 2015 10:53 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant) Apr 27, 2015 1:55 PM Motion
Notice - Outgoing - Transcript Filed Mar 30, 2015 10:49 AM Transcript
Record - (5) volumes of Transcripts in Roosevelt County District Court Cause No. DC 2013-37 dated 6/11/14, 7/28/14, 7/31/14, 8/1/14 and 9/24/14 Filed Mar 30, 2015 10:35 AM Record
Order. Court Reporter is granted an extension of time to and including April 1, 2015 within which to prepare, file, and serve the transcripts requested on appeal Feb 24, 2015 12:49 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Feb 23, 2015 3:13 PM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript until March 2, 2015 Jan 28, 2015 2:01 PM Ruling
Notice - Outgoing - District Court Record Filed Dec 26, 2014 11:42 AM Record
Record - DC Record/Exhibits Filed - (3 file folders, 1 envelope of exhibits) Dec 26, 2014 11:32 AM Record
AMENDED Notice - Outgoing - Appeal Notice (Correct District Court Case Number) Dec 2, 2014 11:43 AM Other
Notice - Outgoing - Appeal Notice Dec 2, 2014 11:15 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Dec 1, 2014 11:02 AM Notice - Incoming