State v. C. Johnston

DA 17-0153 ·Direct Appeal ·Criminal ·Closed
Docket DA 17-0153
Type Direct Appeal — Homicide-Deliberate
Classification Criminal
Outcome Affirmed
Lower court case DC 15-92
Lower court judge Hon. Elizabeth A. Best

Key dates

Closed Nov 1, 2018
Classified Sep 19, 2018
Appeal filed Mar 16, 2017
Record filed Apr 25, 2017
Briefing ended Aug 9, 2018
Opinion issued Oct 16, 2018
Briefing started Jun 26, 2017
Transcript filed Jun 26, 2017
Sent to the court Aug 10, 2018
Submitted for decision Aug 10, 2018
Appellant Reply Brief Filed Aug 9, 2018
Appellant Opening Brief Filed Apr 27, 2018
Appellee Response Brief Filed Jul 26, 2018

Calculated

from the docket dates
Appeal filed to briefing start 102
Briefing days 409
Briefing start to opening brief filed 305
Classified to Opinion 27
Close of briefing to sent to court 0
Filing date to Opinion 579
Filing date to closed 595
Opening to response 90
Opinion to closed 15
Response to reply 13
Sent to court to classified 40
Submitted for decision to Opinion 67

Tags

Affirmed Closed Five Justice Panel Non-cite opinion

Parties

Appellee
State of Montana
Represented by Timothy Charles Fox
Appellant
Cody Wayne Johnston
Represented by Joseph Palmer Howard

Opinion

State v. C. Johnston, 2018 MT 256N

Affirmed on October 16, 2018, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record is electronic. Exhibits returned to District Court Nov 1, 2018 9:35 AM Record
Event - Case Closed Nov 1, 2018 9:34 AM Closing Notice
Notice - Outgoing - Remittitur Issued Nov 1, 2018 9:33 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Rice - Affirmed Oct 16, 2018 3:07 PM Opinion
Order - Classified - Five Justice Panel Sep 19, 2018 11:01 AM Classifying Notice
Event - Case Sent to Court Aug 10, 2018 10:03 AM Classifying Notice
Notice - Outgoing - Brief Filed Aug 10, 2018 9:56 AM Notice - Outgoing
Brief - Appellant Reply Aug 9, 2018 12:54 PM Appellant Reply Brief
Notice - Outgoing - Brief Filed Jul 26, 2018 4:47 PM Notice - Outgoing
Brief - Appellee's Response Jul 26, 2018 2:58 PM Appellee Response Brief
Order - Johnston's motion to dismiss state appointed counsel is DENIED; Johnston's motion for extension of time is DENIED as moot Jul 10, 2018 8:53 AM Order - Extension
Motion For Extension After Dismissal of Counsel (to amend opening brief). sent to Court Jul 2, 2018 1:57 PM Motion
Motion to Dismiss State Appointed Counsel. copies to Court Jul 2, 2018 1:56 PM Motion
Order - Appellee is granted an extension of time to and including July 26, 2018, within which to prepare, serve, and file its response brief May 25, 2018 12:28 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Brief May 25, 2018 9:33 AM Motion
Notice - Outgoing - Brief Filed Apr 27, 2018 1:24 PM Notice - Outgoing
Brief - Appellant's Opening Apr 27, 2018 11:12 AM Appellant Opening Brief
Order - Grant - Extension of Time. Appellant is granted an extension of time to and including April 27, 2018, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 21, 2018 3:17 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 21, 2018 10:50 AM Motion
Order - Appellant is granted an extension of time to and including March 28, 2018, within which to prepare, file, and serve Appellant's opening brief Feb 13, 2018 4:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 13, 2018 1:31 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/26/18 to file the opening brief Jan 18, 2018 9:59 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 17, 2018 10:14 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/25/18 to file the opening brief Dec 18, 2017 1:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 18, 2017 11:25 AM Motion
Order - Appellant is granted an extension of time to and including December 26, 2017, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 15, 2017 9:53 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 14, 2017 3:14 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 11/24/17 to file the opening brief Oct 17, 2017 12:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Oct 17, 2017 9:36 AM Motion
Order - Appellant is granted an extension of time to and including October 25, 2017, within which to prepare, file, and serve opening brief Sep 18, 2017 3:10 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 18, 2017 9:09 AM Motion
Order - Appellant is granted an extension of time to and including September 25, 2017, within which to prepare, file, and serve opening brief Aug 16, 2017 2:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 16, 2017 9:38 AM Motion
Extension - Appellant is given an extension of time until August 25, 2017, to prepare, file, and serve the opening brief Jul 25, 2017 10:50 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Jul 25, 2017 9:02 AM Motion
Notice - Outgoing - Transcript Filed Jun 26, 2017 11:01 AM Transcript
Electronic Transcript Filed for October 26, 2015; October 17, 18, 19, & 20, 2016; and January 17, 2017 hearings Jun 26, 2017 10:01 AM Other
Notice - Outgoing - Exhibits Filed Apr 26, 2017 11:13 AM Notice - Outgoing
Exhibits Filed consisting of 1 large 3-ring binder; and certified case register with District Court minutes Apr 26, 2017 10:54 AM Other
Notice - Outgoing - District Court Record Filed Apr 25, 2017 9:51 AM Record
DC Record Filed for Cause No. DC 15-92 consisting of electronic documents 1-188 Apr 25, 2017 9:25 AM Record
Rulings - Other Courts - Order-Granting Extension of Time to Transmit Record up to June 26, 2017 Apr 19, 2017 11:04 AM Ruling
Notice - Outgoing - Appeal Notice Mar 17, 2017 9:59 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Mar 16, 2017 5:15 PM Notice - Incoming