State v. K. Derby

DA 19-0711 ·Direct Appeal ·Criminal ·Closed
Docket DA 19-0711
Type Direct Appeal — DUI
Classification Criminal
Outcome Affirmed
Lower court case DC 18-91
Lower court judge Hon. Ray J. Dayton

Key dates

Closed Jun 9, 2022
Classified Mar 30, 2022
Appeal filed Dec 17, 2019
Record filed Jan 21, 2020
Briefing ended Feb 25, 2022
Opinion issued May 24, 2022
Briefing started Jul 22, 2021
Transcript filed Jul 22, 2021
Sent to the court Feb 25, 2022
Submitted for decision Feb 25, 2022
Appellant Reply Brief Filed Feb 25, 2022
Appellant Opening Brief Filed Aug 24, 2021
Appellee Response Brief Filed Feb 10, 2022

Calculated

from the docket dates
Appeal filed to briefing start 583
Briefing days 217
Briefing start to opening brief filed 32
Classified to Opinion 55
Close of briefing to sent to court 0
Filing date to Opinion 889
Filing date to closed 905
Opening to response 170
Opinion to closed 15
Response to reply 14
Sent to court to classified 33
Submitted for decision to Opinion 88

Tags

Affirmed Closed Five Justice Panel Non-cite opinion

Parties

Appellee
State of Montana
Represented by Brad Fjeldheim
Appellant
Kari Lynn Derby
Represented by Shannon Leigh Sweeney

Opinion

State v. K. Derby, 2022 MT 99N

Affirmed on May 24, 2022, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Jun 21, 2022 1:08 PM Record
Record - DC Record Returned to District Court Jun 9, 2022 9:56 AM Record
Event - Case Closed Jun 9, 2022 9:56 AM Closing Notice
Notice - Outgoing - Remittitur Issued Jun 9, 2022 9:55 AM Closing Notice
Opinion - Noncite/Memorandum - Chief Justice McGrath, affirmed May 24, 2022 3:29 PM Opinion
Order - Classified - Five Justice Panel Mar 30, 2022 12:09 PM Classifying Notice
Event - Case Sent to Court Feb 25, 2022 10:32 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Feb 25, 2022 10:30 AM Notice - Outgoing
Brief - Appellant Reply Feb 24, 2022 8:23 PM Appellant Reply Brief
Notice - Outgoing - Appellee's Brief Filed Feb 10, 2022 10:08 AM Notice - Outgoing
Brief - Appellee's Response Feb 10, 2022 8:30 AM Appellee Response Brief
Notice - Outgoing - Additional District Court Documents Jan 19, 2022 10:04 AM Notice - Outgoing
Additional DC Documents Filed for Cause No. DC-18-91 consisting of electronic documents 93-107 and updated Case Register Report Jan 19, 2022 9:16 AM Record
Order - Appellee is granted an extension of time to and including February 19, 2022, within which to prepare, serve, and file its response brief Jan 11, 2022 2:49 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellee Response) Jan 11, 2022 11:41 AM Motion
Order - Appellee is granted an extension of time to and including January 20, 2022, within which to prepare, serve, and file its response brief Dec 14, 2021 5:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Response Dec 14, 2021 1:18 PM Motion
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including December 21, 2021, within which to prepare, serve, and file its response brief Nov 9, 2021 2:53 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Nov 9, 2021 8:07 AM Motion
Order - Grant - Extension of Time - Appellee is granted until November 21, 2021 to file the response brief Oct 15, 2021 10:30 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Oct 15, 2021 9:33 AM Motion
Extension - Appellee is granted an extension of time to and including October 22, 2021, within which to prepare, serve, and file its response brief Sep 15, 2021 4:20 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Sep 15, 2021 10:50 AM Motion
Notice - Outgoing - Brief Filed (Appellant's) Aug 24, 2021 10:41 AM Notice - Outgoing
Brief - Appellant's Opening Aug 23, 2021 11:22 PM Appellant Opening Brief
Notice - Outgoing - Transcript Filed Jul 22, 2021 11:03 AM Transcript
Record - Transcript Filed - electronically transmitted transcript of 9/4/19 hearing Jul 22, 2021 10:57 AM Record
Notice - Outgoing - Additional District Court Documents Jul 21, 2021 10:46 AM Notice - Outgoing
Record - Additional DC Documents Filed consisting of doc. #56, Minute Entry to 9/4/19 Initial Appearance to Amended Information Jul 21, 2021 10:42 AM Record
Order - The following transcripts shall be prepared and placed in the file of this Court in this cause on or before September 7, 2021: 9-4-19 Initial Appearance on Amended Information and Hearing on Motions in Limine. No extensions will be granted. IT IS FURTHER ORDERED that the opening brief is due 30 days after the filing of the transcripts, or no later than October 7, 2021. No further extensions will be granted Jul 20, 2021 12:45 PM Order - Extension
Motion - Unopposed - Supplement the Record and extend briefing Jul 20, 2021 9:53 AM Motion
Order - The Appellant is granted an extension of time to and including July 20, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 17, 2021 4:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jun 15, 2021 6:06 PM Motion
Order - Appellant is granted an extension of time to and including June 20, 2021, within which to prepare, file, and serve Appellant's opening brief May 17, 2021 5:05 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 13, 2021 4:46 PM Motion
Order - Grant - Extension of Time - Appellant is granted until May 20, 2021 to file the opening brief Apr 16, 2021 1:49 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 14, 2021 5:04 PM Motion
Order - Appellant is granted an extension of time to and including April 20, 2021, within which to prepare, file, and serve Appellant's opening brief Feb 9, 2021 1:24 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 9, 2021 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until February 19, 2021 to file the opening brief Jan 8, 2021 4:57 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 8, 2021 3:57 PM Motion
Notice - Incoming - Appearance - Shannon L. Sweeney for Appellant Jan 8, 2021 3:09 PM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted until January 18, 2021 to file Appellant's Opening Brief Dec 11, 2020 4:17 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 11, 2020 11:23 AM Motion
Order - Appellant is granted an extension of time to and including December 18, 2020, within which to prepare, file, and serve Appellant's opening brief Nov 12, 2020 3:49 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Nov 12, 2020 12:28 PM Motion
Order - Appellant is granted an extension of time to and including November 18, 2020, within which to prepare, file, and serve Appellant's opening brief Oct 13, 2020 5:05 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 13, 2020 1:06 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 10/19/20 to file the opening brief Sep 11, 2020 4:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 11, 2020 3:29 PM Motion
Order - Grant - Extension of Time - Appellant is granted until September 18, 2020 to file the opening brief Aug 12, 2020 4:25 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 12, 2020 10:15 AM Motion
Order - Appellant is granted an extension of time to and including August 19, 2020, within which to prepare, file, and serve Appellant's opening brief Jul 13, 2020 4:48 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 13, 2020 2:47 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 7/20/20 to file the opening brief Jun 15, 2020 2:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jun 12, 2020 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 6/19/20 to file the opening brief May 13, 2020 3:31 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 13, 2020 11:16 AM Motion
Extension - Appellant is given an extension of time until May 20, 2020 to prepare, file, and serve the Appellant's opening brief Apr 17, 2020 9:02 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Opening) Apr 17, 2020 8:00 AM Motion
Notice - Outgoing - Transcript Filed Mar 16, 2020 10:24 AM Transcript
Electronic Transcripts Filed July 31, 2019 (Motions); August 14, 2019 (Final Pre-Trial); September 5 & 6, 2019 (Jury Trial); and October 30, 2019 (Sentencing Mar 16, 2020 8:36 AM Other
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript to March 17, 2020 Jan 28, 2020 3:54 PM Ruling
Notice - Outgoing - District Court Record Filed Jan 21, 2020 3:05 PM Record
Record - DC Record/Exhibits Filed - 1 red file folder, exhibits within Jan 21, 2020 3:02 PM Record
Notice - Incoming - Transcripts Deemed Necessary Dec 18, 2019 9:23 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Dec 17, 2019 12:43 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Dec 17, 2019 12:30 PM Notice - Incoming