State v. S. Malatare

DA 23-0178 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0178
Type Direct Appeal — Assault-Partner/Family
Classification Criminal
Outcome Dismissed - Other
Lower court case DC-21-0150

Key dates

Closed Jun 17, 2024
Appeal filed Mar 20, 2023
Record filed Apr 28, 2023
Briefing started Apr 28, 2023
Appellant Opening Brief Filed May 20, 2024

Calculated

from the docket dates
Appeal filed to briefing start 39
Briefing start to opening brief filed 387
Filing date to closed 455

Tags

Closed Final Order Issued

Parties

Appellee
State of Montana
Represented by James Allen Lapotka
Appellant
Shawn Wayne Malatare
Represented by Gregory Dee Birdsong

Events

most recent first
Record - DC Record Return Card Filed Jun 24, 2024 3:14 PM Record
Event - Case Closed Jun 17, 2024 1:38 PM Closing Notice
Record - DC Record Returned to District Court Jun 17, 2024 1:33 PM Record
Notice - Outgoing - Remittitur Issued Jun 17, 2024 10:42 AM Closing Notice
Order - Final Disposition: IT IS ORDERED that this case is REMANDED to the Twentieth Judicial District Court, Lake County, with instructions for the district court to resentence Malatare pursuant to the September 2022 plea agreement. IT IS ORDERED that this appeal is DISMISSED WITH PREJUDICE Jun 17, 2024 10:05 AM Closing Notice
Motion - Unopposed - Remand to District Court and Motion to Dismiss Appeal Jun 12, 2024 10:38 AM Motion
Notice - Outgoing - Brief Filed May 20, 2024 9:50 AM Notice - Outgoing
Brief - Appellant's Opening May 20, 2024 8:00 AM Appellant Opening Brief
Order - Grant - Extension of Time - Defendant and Appellant Shawn Malatare is hereby granted an extension to May 10, 2024 in which to prepare, file and serve Defendant and Appellant's opening brief Mar 21, 2024 6:21 PM Order - Extension
Motion - Unopposed - Appellant's Motion for an Extension of Time to File Opening Brief Mar 21, 2024 2:57 PM Motion
Notice - Incoming - Appearance - Gregory Birdsong, contract counsel for Appellant Mar 4, 2024 5:20 PM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted an extension to March 27, 2024, to prepare, file, and serve Appellant's opening brief Feb 21, 2024 3:34 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Feb 21, 2024 11:54 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 26, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 19, 2024 4:07 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Jan 19, 2024 10:52 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 26, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 20, 2023 1:14 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Dec 20, 2023 11:50 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to December 27, 2023, to prepare, file, and serve Appellant's opening brief Nov 20, 2023 4:07 PM Order - Extension
Motion - Unopposed - APPELLANT OPENING -Motion and Affidavit for Second or Subsequent Extension Nov 20, 2023 3:05 PM Motion
Order - Grant - Appellant is granted an extension of time to and including November 27, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 20, 2023 10:42 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File to File Opening Brief Oct 20, 2023 9:24 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 27, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 20, 2023 3:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's opening brief Sep 20, 2023 12:20 PM Motion
Extension - Grant of Extension - Appellant is given an extension of time until September 27, 2023, to prepare, file, and serve the Appellant's opening brief Aug 22, 2023 11:50 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Aug 22, 2023 8:00 AM Motion
Notice - Incoming - Appearance - Chad Wright, Appellate Defender Division, P.O. Box 200147, Helena, Montana, as appointed counsel for the Appellant named above for purposes of this appeal Jul 3, 2023 2:20 PM Notice - Incoming
Order - Appellant Defender Division is APPOINTED as counsel for Appellant and is given 30 days to file either a notice of appearance or a motion to rescind the appointment; Malatare's motion requesting documents and transcripts is DENIED, as moot; the motion for extension of time is granted, the opening brief is DUE by 8/23/23 Jun 13, 2023 3:34 PM Order - Extension
Motion - Extension of Time - Appellant's Opening Brief and request for documents - Sent to court with SC file Jun 8, 2023 2:17 PM Motion
Other - Other - Clerk's office received a Motion for Extension which had to be returned for lack of service May 26, 2023 11:51 AM Other
Notice - Outgoing - District Court Record Filed Apr 28, 2023 3:58 PM Record
DC Record Filed for Cause No. DC-21-150 consisting of two (2) red file folders; binder clip with Court's Exhibits (transcripts) and Case Register Report Apr 28, 2023 3:43 PM Record
Notice - Outgoing - Appeal Notice Mar 20, 2023 3:07 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Mar 20, 2023 3:07 PM Notice - Incoming