State v. Brian Allen

DA 09-0091 ·Direct Appeal ·Criminal ·Closed
Docket DA 09-0091
Type Direct Appeal — Assault
Classification Criminal
Outcome Reversed
Lower court case DC 08-022
Lower court judge Hon. David G. Rice

Key dates

Closed Oct 22, 2010
Classified Feb 12, 2010
Appeal filed Feb 12, 2009
Record filed May 11, 2009
Oral argument May 3, 2010
Briefing ended Dec 31, 2009
Opinion issued Oct 6, 2010
Briefing started May 12, 2009
Transcript filed May 12, 2009
Sent to the court Jan 6, 2010
Submitted for decision May 3, 2010
Appellant Reply Brief Filed Dec 31, 2009
Appellant Opening Brief Filed Aug 20, 2009
Appellee Response Brief Filed Nov 20, 2009

Calculated

from the docket dates
Appeal filed to briefing start 89
Briefing days 233
Briefing start to opening brief filed 100
Classified to Opinion 236
Close of briefing to sent to court 6
Filing date to Opinion 601
Filing date to closed 617
Opening to response 92
Opinion to closed 15
Oral argument to Opinion 156
Response to reply 40
Sent to court to classified 36
Sent to court to oral argument 116
Submitted for decision to Opinion 273

Tags

Closed Oral Argument Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Steve Bullock
Appellant
Brian Hayden Allen
Represented by Taryn S. Hart

Opinion

State v. Brian Allen, 2010 MT 214

Reversed on October 6, 2010, in a 5 to 0 with 2 concurring published opinion.

Events

most recent first
Event - Case Closed Oct 22, 2010 2:49 PM Closing Notice
Notice - Outgoing - Remittitur Issued Oct 22, 2010 2:31 PM Closing Notice
Opinion - Published (Leaphart; Reversed and Remanded) Oct 6, 2010 4:13 PM Opinion
Event - Oral Argument Presented by Koan Mercer for the appellant and Matthew Cochenour for the appellee. The matter was taken under advisement at 11:15 a. m May 3, 2010 11:42 AM Event
Notice - Outgoing - Oral Argument Scheduled Feb 12, 2010 11:18 AM Notice - Outgoing
Order - Classified - Oral Argument - 5/3/10, at 10:00 a.m. in the Strand Union Building, Ballroom A, MSU campus, Bozeman, Montana. Intro at 9:30. Appellants shall have 40 minutes and appellees 30 Feb 12, 2010 11:05 AM Classifying Notice
Event - Case Sent to Court Jan 6, 2010 3:21 PM Classifying Notice
Brief - Appellant Reply Dec 31, 2009 3:07 PM Appellant Reply Brief
Order - Grant - Extension of Time until Jan. 4, 2010, to file Appellant's reply brief Dec 17, 2009 4:29 PM Order - Extension
Motion and Affidavit - Unopposed - Extension of Time - Brief (Appellant's Reply). sent to Court Dec 16, 2009 9:08 AM Motion
Extension - Grant of Extension - Appellant is granted until 12/18/09 to file the reply brief Dec 2, 2009 3:59 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) Dec 1, 2009 10:22 AM Motion
Brief - Appellee Nov 20, 2009 3:54 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until 11/20/09 to file its brief Oct 16, 2009 1:51 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) sent to Court Oct 14, 2009 1:56 PM Motion
Order - Grant - Extension of Time until 10/21/09 to file Appellee's Brief Sep 21, 2009 1:16 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) sent to Court Sep 17, 2009 3:07 PM Motion
Brief - Appellant Aug 20, 2009 3:01 PM Appellant Opening Brief
Order - Grant; Appellant shall be allowed to file brief, with a limit of 12, 000 words. Appellant shall have 10 days to file opening brief Aug 11, 2009 8:48 AM Order - Other
Event - Sent to Court- motion for enlarged brief and motion to stay Aug 4, 2009 11:30 AM Event
Motion - Opposed - Brief - Enlarged and Motion to Stay Briefing pending decision on motion. holding for objection Jul 21, 2009 10:53 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/12/09 to file his opening brief Jul 7, 2009 9:46 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Jul 6, 2009 9:03 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 7/13/09 to file his opening brief Jun 5, 2009 4:07 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Jun 3, 2009 11:32 AM Motion
Notice - Outgoing - Transcript Filed May 12, 2009 2:30 PM Transcript
Record - Transcript Filed (4 original condensed transcripts w/DVD) May 12, 2009 2:24 PM Record
Notice - Outgoing - District Court Record Filed May 11, 2009 1:58 PM Record
Record - DC Record Filed (3 red folders, 1 has only exhibits) May 11, 2009 1:54 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript of 45 dyas from march 24, 2009 Mar 18, 2009 9:25 AM Ruling
Notice - Incoming - Appearance (Jim Wheelis) Mar 9, 2009 9:31 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Feb 17, 2009 2:47 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Feb 12, 2009 2:37 PM Notice - Incoming
Selection of electronic notification - Dahl Jan 27, 2009 8:46 AM Other