State v. J. Garcia

DA 22-0663 ·Direct Appeal ·Criminal ·Closed
Docket DA 22-0663
Type Direct Appeal — Sexual Assault
Classification Criminal
Outcome Affirmed
Lower court case DDC-18-170
Lower court judge Hon. John W. Parker

Key dates

Closed Feb 20, 2025
Classified Dec 4, 2024
Appeal filed Nov 21, 2022
Record filed Dec 28, 2022
Briefing ended Sep 16, 2024
Opinion issued Feb 4, 2025
Briefing started Feb 2, 2023
Transcript filed Feb 2, 2023
Sent to the court Sep 16, 2024
Submitted for decision Sep 16, 2024
Appellant Reply Brief Filed Sep 16, 2024
Appellant Opening Brief Filed Aug 5, 2024
Appellee Response Brief Filed Sep 9, 2024

Calculated

from the docket dates
Appeal filed to briefing start 73
Briefing days 591
Briefing start to opening brief filed 550
Classified to Opinion 62
Close of briefing to sent to court 0
Filing date to Opinion 806
Filing date to closed 822
Opening to response 34
Opinion to closed 15
Response to reply 6
Sent to court to classified 79
Submitted for decision to Opinion 141

Tags

Affirmed Closed Final Order Issued Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Thad Nathan Tudor
Appellant
Joseph Eugene Garcia
Represented by Tammy Ann Hinderman

Opinion

State v. J. Garcia, 2025 MT 25

Affirmed on February 4, 2025, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 28, 2025 11:43 AM Record
Event - Case Closed Feb 20, 2025 8:32 AM Closing Notice
Record - DC Record Returned to District Court Feb 20, 2025 8:31 AM Record
Notice - Outgoing - Opinion Release Notice Issued Feb 20, 2025 8:28 AM Notice - Outgoing
Notice - Outgoing - Opinion Release Notice Issued Feb 20, 2025 8:26 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Feb 20, 2025 8:20 AM Closing Notice
Opinion - Published - Justice Rice - Affirmed Feb 4, 2025 3:42 PM Opinion
Order - Classified - Five Justice Panel Dec 4, 2024 2:16 PM Classifying Notice
Event - Case Sent to Court Sep 16, 2024 10:25 AM Classifying Notice
Notice - Outgoing - Brief Filed Sep 16, 2024 10:24 AM Notice - Outgoing
Brief - Appellant Reply Sep 16, 2024 8:00 AM Appellant Reply Brief
Notice - Outgoing - Appellee's Response - REDACTED Brief Filed Sep 9, 2024 4:16 PM Notice - Outgoing
Brief - Appellee's Response - REDACTED (Unredacted Brief attached-Marked Confidential) Sep 9, 2024 1:18 PM Appellee Response Brief
Order - The State's previously-filed unredacted response brief is hereby rejected, No later than ten (10) days from the filing date of this Order, the Appellee-State shall electronically file with the Clerk of this Court (1) an unredacted version of its response brief for internal Court use on appeal, and (2) an appropriately redacted brief for public filing, with copies served on all parties of record Sep 5, 2024 8:00 AM Order - Other
Notice - Outgoing - Brief Filed Aug 6, 2024 11:25 AM Notice - Outgoing
Brief - Appellant's Opening Aug 5, 2024 5:51 PM Appellant Opening Brief
Order - Appellant is granted an extension to August 5, 2024, to prepare, file, and serve Appellant's opening brief on appeal. No further extensions will be granted Jul 5, 2024 4:47 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief - Appellant's Opening Jul 5, 2024 12:41 PM Motion
Order - Appellant is granted an extension of time to and including July 5, 2024, within which to prepare, file, and serve Appellant's opening brief Jun 5, 2024 10:49 AM Order - Extension
Motion - Unopposed - Appellant's Extension of Time - Brief Jun 4, 2024 8:01 PM Motion
Order - Appellant is granted an extension of time to and including June 5, 2024, within which to prepare, file, and serve Appellant's opening brief May 3, 2024 11:56 AM Order - Extension
Motion - Unopposed - Appellant's Motion for an Extension of Time to File Opening Brief May 3, 2024 11:01 AM Motion
Order - Appellant is granted an extension of time to and including May 5, 2024, within which to prepare, file, and serve Appellant's opening brief Apr 4, 2024 4:04 PM Order - Extension
Motion - Unopposed - Appellant's Extension of Time - Brief Apr 4, 2024 12:18 PM Motion
Order - Appellant is granted an extension of time to and including April 5, 2024, within which to prepare, file, and serve Appellant's opening brief Mar 6, 2024 8:41 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 5, 2024 2:05 PM Motion
Order - Appellant is granted an extension of time to and including March 5, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 8, 2024 10:24 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (OPENING) Feb 5, 2024 1:32 PM Motion
Order - Appellant is granted an extension to February 5, 2024, to prepare, file, and serve Appellant's opening brief Jan 4, 2024 4:02 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief - Appellant's Opening Jan 4, 2024 3:24 PM Motion
Notice - Incoming - Appellant Defender Appearance - KARL PITCHER Dec 5, 2023 8:45 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including January 5, 2024 within which to prepare, file, and serve Appellant's opening brief on appeal Nov 28, 2023 4:02 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 28, 2023 3:43 PM Motion
Order - Appellant is granted an extension to December 6, 2023, to prepare, file, and serve Appellant's opening brief Oct 30, 2023 3:04 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 30, 2023 1:16 PM Motion
Grant - Extension of Time to and including November 6, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 28, 2023 5:01 PM Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 28, 2023 3:17 PM Motion
Order - Appellant is granted an extension of time to and including October 5, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 29, 2023 10:25 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 29, 2023 9:24 AM Motion
Order - Appellant is granted an extension of time to and including September 5, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 28, 2023 10:55 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jul 28, 2023 10:10 AM Motion
Order - Appellant is granted an extension of time to and including August 4, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 28, 2023 4:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 28, 2023 2:18 PM Motion
Order - Appellant is granted an extension of time to and including July 5, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal May 30, 2023 4:10 PM Order - Extension
Motion - Unopposed - Appellant's fourth request for an extension - Motion and Affidavit for Second or Subsequent Extension May 30, 2023 12:56 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 6/5/23 to file the opening brief Apr 27, 2023 12:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 27, 2023 9:00 AM Motion
Order - Appellant is granted an extension of time to and including May 5, 2023, within which to prepare, file, and serve Appellant's opening brief Mar 27, 2023 12:18 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 27, 2023 11:16 AM Motion
Extension - Appellant is given an extension of time until April 5, 2023, to prepare, file, and serve the Appellant's opening brief Feb 27, 2023 10:05 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Feb 27, 2023 8:56 AM Motion
Notice - Outgoing - Transcript Filed Feb 2, 2023 3:28 PM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 10/15/19, 3/31/20, 6/2/21, 8/12/21, 9/1/21, 1/12/22, 1/14/22 and 1/24/22 hearings Feb 2, 2023 3:16 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - Court Reporter is granted until 2/22/23 to file requested transcripts on appeal Jan 3, 2023 10:59 AM Ruling
Notice - Outgoing - District Court Record Filed Dec 28, 2022 3:38 PM Record
DC Record Filed for Cause No. DDC-18-170 consisting of five (5) red file folders with documents 1-334 and Case Register Report Dec 28, 2022 3:36 PM Record
Notice - Outgoing - Transcript Filed Dec 28, 2022 3:34 PM Transcript
Record - Transcript Filed - (1) Status Hearing - January 8, 2020; (2) Sentencing Hearing - September 26, 2022 Dec 28, 2022 2:35 PM Record
Notice - Incoming - Transcripts Deemed Necessary Nov 22, 2022 1:52 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Nov 22, 2022 11:23 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Nov 21, 2022 4:19 PM Notice - Incoming