State v. D. Landucci

DA 22-0185 ·Direct Appeal ·Criminal ·Closed
Docket DA 22-0185
Type Direct Appeal — Revocation
Classification Criminal
Outcome Affirmed
Lower court case BDC-14-126
Lower court judge Hon. Elizabeth A. Best

Key dates

Closed Mar 7, 2024
Classified Dec 20, 2023
Appeal filed Apr 14, 2022
Record filed Jun 22, 2022
Briefing ended Nov 8, 2023
Opinion issued Feb 20, 2024
Briefing started Jun 22, 2022
Transcript filed May 27, 2022
Sent to the court Nov 9, 2023
Submitted for decision Nov 9, 2023
Appellant Reply Brief Filed Nov 8, 2023
Appellant Opening Brief Filed Apr 18, 2023
Appellee Response Brief Filed Sep 29, 2023

Calculated

from the docket dates
Appeal filed to briefing start 69
Briefing days 504
Briefing start to opening brief filed 300
Classified to Opinion 62
Close of briefing to sent to court 0
Filing date to Opinion 677
Filing date to closed 693
Opening to response 163
Opinion to closed 15
Response to reply 40
Sent to court to classified 41
Submitted for decision to Opinion 103

Tags

Affirmed Closed Final Order Issued Five Justice Panel Non-cite opinion Request for out of time appeal filed

Parties

Appellee
State of Montana
Represented by Michael Patrick Dougherty
Appellant
Devin Derusky Landucci
Represented by Joseph Palmer Howard

Opinion

State v. D. Landucci, 2024 MT 35N

Affirmed on February 20, 2024, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Mar 12, 2024 10:46 AM Record
Event - Case Closed Mar 7, 2024 9:37 AM Closing Notice
Record - DC Record Returned to District Court Mar 7, 2024 9:36 AM Record
Notice - Outgoing - Remittitur Issued Mar 7, 2024 9:29 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Rice - AFFIRMED Feb 20, 2024 3:15 PM Opinion
Order - Classified - Five Justice Panel Dec 20, 2023 11:15 AM Classifying Notice
Event - Case Sent to Court Nov 9, 2023 8:52 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Nov 9, 2023 8:50 AM Notice - Outgoing
Brief - Appellant's Reply Nov 8, 2023 1:57 PM Appellant Reply Brief
Order - Deficiencies-Brief - IT IS ORDERED that the referenced brief is rejected. THAT that within (10) days of the date of this Order the Appellant shall electronically file a revised brief and that the Appellant shall serve copies of the revised brief on all parties of record; and THAT that the times for any subsequent briefing shall run from the date of filing of the revised brief Nov 8, 2023 10:36 AM Order - Deficiency
Brief - Appellant Reply Nov 8, 2023 10:07 AM Appellant Reply Brief
Order - Grant - Appellant is granted an extension of time to and including November 13, 2023, within which to prepare, file, and serve his reply brief. No further extensions will be granted Oct 12, 2023 2:09 PM Order - Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Oct 11, 2023 2:11 PM Motion
Notice - Outgoing - Appellee's Response Brief Filed Sep 29, 2023 2:05 PM Notice - Outgoing
Brief - Appellee's Response Sep 29, 2023 10:17 AM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted an extension to October 2, 2023, to prepare, file, and serve its response brief Aug 22, 2023 12:23 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Aug 22, 2023 10:20 AM Motion
Notice - Incoming - Appearance - Joseph Howard for Appellant Aug 1, 2023 10:02 AM Notice - Incoming
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including August 31, 2023, within which to prepare, file, and serve its response brief Jul 24, 2023 1:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - State's third motion for an extension of time Jul 24, 2023 1:06 PM Motion
Notice - Incoming - Appearance Jun 22, 2023 2:08 PM Notice - Incoming
Notice - Incoming - Other - counsel will be suspended from practicing law for 30 days, commencing July 1, 2023. Undersigned counsel will resume practicing law July 31, 2023 Jun 20, 2023 12:22 PM Notice - Incoming
Order - Grant - Extension of Time -Appellee is granted an extension of time to and including August 1, 2023 Jun 6, 2023 11:27 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Appellant's Second or Subsequent Extension Jun 6, 2023 9:36 AM Motion
Extension - Appellee is granted an extension of time to and including June 17, 2023, within which to prepare, file, and serve the State's response brief May 15, 2023 4:37 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) -Appellee's May 15, 2023 1:23 PM Motion
Notice - Outgoing - Brief Filed - Appellant Opening Apr 18, 2023 3:34 PM Notice - Outgoing
Brief - Appellant's Opening Apr 18, 2023 1:21 PM Appellant Opening Brief
Notice - Incoming - Appearance - Joseph Howard, Contract Counsel for Appellant Mar 14, 2023 4:26 PM Notice - Incoming
Order - Appellant is granted an extension of time to and including April 24, 2023, within which to prepare, file, and serve Appellant's opening brief Mar 14, 2023 3:50 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 14, 2023 3:02 PM Motion
Order - Appellant is granted an extension of time to and including March 23, 2023, within which to prepare, file, and serve Appellant's opening brief Feb 13, 2023 11:35 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 13, 2023 10:33 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/21/23 to file the opening brief Jan 11, 2023 11:45 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 11, 2023 9:38 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/20/23 to file the opening brief Dec 15, 2022 10:00 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 14, 2022 5:01 PM Motion
Order - Appellant is granted an extension of time to and including December 21, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 16, 2022 12:16 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 14, 2022 9:56 AM Motion
Order - Appellant is granted an extension of time to and including November 21, 2022, within which to prepare, file, and serve Appellant's opening brief Oct 14, 2022 6:06 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 14, 2022 9:18 AM Motion
Order - Appellant is granted an extension of time to and including October 21, 2022, within which to prepare, file, and serve Appellant's opening brief Sep 7, 2022 10:44 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 7, 2022 9:16 AM Motion
Order -Appellant is granted an extension of time to and including September 21, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 16, 2022 11:28 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Aug 16, 2022 9:55 AM Motion
Extension - Grant of Extension - Appellant is given an extension of time until August 22, 2022, to prepare, file, and serve the Appellant's opening brief Jul 25, 2022 9:41 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jul 22, 2022 12:01 PM Motion
Notice - Outgoing - District Court Record Filed Jun 22, 2022 10:43 AM Record
DC Record Filed for Cause No. BDC-14-126 consisting of one (1) red file folder and Case Register Report Jun 22, 2022 10:37 AM Record
Notice - Outgoing - Transcript Filed May 27, 2022 8:14 AM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 5/3/21 and 5/24/21 hearings May 26, 2022 4:44 PM Record
Notice - Outgoing - Appeal Notice May 16, 2022 10:39 AM Notice - Outgoing
Notice of Appeal Filed May 16, 2022 10:23 AM Notice
Notice - Incoming - Transcripts Deemed Necessary May 16, 2022 9:55 AM Notice - Incoming
Order - Grant Petition for out of time appeal. It is further ordered that the ADD is appointed to represent Appellant and has 30 days to file a NOA or a Motion to rescind this order Apr 26, 2022 3:42 PM Order - Other
Event - Sent to Court-Pleading Apr 14, 2022 2:31 PM Event
Petition - Out of Time Appeal Apr 14, 2022 2:05 PM Petition