State v. T. Ellsworth

DA 21-0412 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0412
Type Direct Appeal — Other
Classification Criminal
Outcome Reversed
Lower court case DC 16-2
Lower court judge Hon. Matthew J. Cuffe

Key dates

Closed Feb 2, 2023
Classified Dec 14, 2022
Appeal filed Aug 19, 2021
Record filed Sep 24, 2021
Briefing ended Oct 31, 2022
Opinion issued Jan 17, 2023
Briefing started Sep 27, 2021
Transcript filed Sep 27, 2021
Sent to the court Oct 31, 2022
Submitted for decision Oct 31, 2022
Appellant Reply Brief Filed Oct 31, 2022
Appellant Opening Brief Filed Jul 6, 2022
Appellee Response Brief Filed Sep 30, 2022

Calculated

from the docket dates
Appeal filed to briefing start 39
Briefing days 398
Briefing start to opening brief filed 281
Classified to Opinion 34
Close of briefing to sent to court 0
Filing date to Opinion 516
Filing date to closed 532
Opening to response 86
Opinion to closed 15
Response to reply 30
Sent to court to classified 44
Submitted for decision to Opinion 78

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Marcia Jean Boris
Appellant
Thomas Joe Ellsworth
Represented by Joseph Palmer Howard

Opinion

State v. T. Ellsworth, 2023 MT 8

Reversed on January 17, 2023, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 13, 2023 2:30 PM Record
Record - DC Record Returned to District Court (Exhibits only) Feb 2, 2023 10:06 AM Record
Event - Case Closed Feb 2, 2023 10:04 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Feb 2, 2023 9:59 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Feb 2, 2023 9:48 AM Closing Notice
Opinion - Published - Justice Gustafson, reversed and remanded Jan 17, 2023 3:27 PM Opinion
Order - Classified - Five Justice Panel Dec 14, 2022 1:41 PM Classifying Notice
Event - Case Sent to Court Oct 31, 2022 10:26 AM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant's Reply Oct 31, 2022 10:24 AM Notice - Outgoing
Brief - Appellant Reply Oct 31, 2022 8:00 AM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted until 11/14/22 to file the reply brief; no further extensions will be granted Oct 13, 2022 2:05 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Oct 13, 2022 11:51 AM Motion
Notice - Outgoing - Brief Filed - Appellee's Oct 3, 2022 9:08 AM Notice - Outgoing
Brief - Appellee's Response Sep 30, 2022 2:53 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including October 4, 2022, within which to prepare, file, and serve the State's response brief Aug 26, 2022 4:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Aug 26, 2022 1:07 PM Motion
Extension - Appellee is granted an extension of time to and including September 4, 2022, within which to prepare, file, and serve the State's response brief Jul 27, 2022 9:45 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellee Response) Jul 27, 2022 8:55 AM Motion
Notice - Outgoing - Appellant's Brief Filed Jul 6, 2022 3:17 PM Notice - Outgoing
Brief - Appellant's Opening Jul 6, 2022 10:25 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including July 25, 2022, within which to prepare, file, and serve his opening brief Jun 17, 2022 9:49 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 16, 2022 4:40 PM Motion
Order - Appellant is granted an extension of time to and including June 27, 2022, within which to prepare, file, and serve his opening brief May 17, 2022 4:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 17, 2022 2:22 PM Motion
Notice - Incoming - Appearance - Joseph Howard for Appellant Apr 22, 2022 11:28 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including May 27, 2022, within which to prepare, file, and serve Appellant's opening brief Apr 20, 2022 11:29 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 20, 2022 10:39 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 4/27/22 to file the opening brief Mar 21, 2022 2:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Mar 21, 2022 12:13 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 28, 2022, within which to prepare, file, and serve Appellant's opening brief Feb 18, 2022 4:18 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 18, 2022 10:03 AM Motion
Order - Grant - Extension of Time: Appellant is granted an extension of time to and including February 25, 2022, within which to prepare, file, and serve Appellant's opening brief Jan 19, 2022 4:06 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension: The Appellate Defender Division (ADD), and respectfully requests an extension of time until February 25, 2022, in which to prepare, file, and serve the Appellant's opening brief Jan 19, 2022 1:16 PM Motion
Order - Appellant is granted an extension of time to and including January 26, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 14, 2021 5:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - , Appellate Defender for the Appellate requests an extension of time until January 26, 2022, in which to prepare, file, and serve the opening brief Dec 14, 2021 1:31 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including December 27, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 24, 2021 12:01 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Nov 23, 2021 9:34 AM Motion
Extension - Grant of Extension - Appellant is given until 11/26/21 to file the opening brief Oct 26, 2021 9:42 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Oct 25, 2021 3:34 PM Motion
Notice - Outgoing - Exhibits Filed Sep 27, 2021 3:01 PM Notice - Outgoing
Record - Exhibits Filed - 1 envelope Sep 27, 2021 3:00 PM Record
Notice - Outgoing - Transcript Filed Sep 27, 2021 10:38 AM Transcript
Record - Transcript Filed - 1 original condensed transcript w/DVD of 5/9/16, 4/19/21, 4/26/21, 5/17/21, 6/23/21 and 5/28/21 hearings Sep 27, 2021 10:35 AM Record
Notice - Outgoing - District Court Record Filed Sep 24, 2021 4:29 PM Record
DC Record Filed for Cause No. DC 16-2 consisting of electronic documents 1-61 and Case Register Report Sep 24, 2021 4:27 PM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 19, 2021 4:13 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 19, 2021 10:38 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 19, 2021 9:54 AM Notice - Incoming