State v. K. Ball

DA 21-0013 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0013
Type Direct Appeal — Intimidation
Classification Criminal
Outcome Affirmed
Lower court case BDC-19-631
Lower court judge Hon. Elizabeth A. Best

Key dates

Closed Jan 17, 2023
Classified Dec 7, 2022
Appeal filed Jan 5, 2021
Record filed Feb 10, 2021
Briefing ended Oct 21, 2022
Opinion issued Dec 27, 2022
Briefing started Mar 30, 2021
Transcript filed Mar 30, 2021
Sent to the court Oct 21, 2022
Submitted for decision Oct 21, 2022
Appellant Reply Brief Filed Oct 21, 2022
Appellant Opening Brief Filed May 27, 2022
Appellee Response Brief Filed Sep 9, 2022

Calculated

from the docket dates
Appeal filed to briefing start 84
Briefing days 569
Briefing start to opening brief filed 422
Classified to Opinion 20
Close of briefing to sent to court 0
Filing date to Opinion 721
Filing date to closed 742
Opening to response 104
Opinion to closed 20
Response to reply 42
Sent to court to classified 46
Submitted for decision to Opinion 66

Tags

Affirmed Closed Five Justice Panel Non-cite opinion

Parties

Appellee
State of Montana
Represented by Joshua A. Racki
Appellant
Kelly Beverly Ball
Represented by James Richard Reavis

Opinion

State v. K. Ball, 2022 MT 253N

Affirmed on December 27, 2022, in a 5 to 0 non-cite opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 23, 2023 8:43 AM Record
Record - DC Record Returned to District Court Jan 17, 2023 1:35 PM Record
Event - Case Closed Jan 17, 2023 1:34 PM Closing Notice
Notice - Outgoing - Remittitur Issued Jan 13, 2023 10:21 AM Closing Notice
Opinion - Noncite/Memorandum - Justice McKinnon AFFIRMS Dec 27, 2022 2:48 PM Opinion
Order - Classified - Five Justice Panel Dec 7, 2022 10:25 AM Classifying Notice
Event - Case Sent to Court Oct 21, 2022 4:19 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Oct 21, 2022 4:18 PM Notice - Outgoing
Brief - Appellant Reply Oct 21, 2022 12:19 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is given an extension of time until October 24, 2022, to prepare, file, and serve the Appellant's reply brief Sep 19, 2022 1:32 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Sep 19, 2022 10:02 AM Motion
Notice - Outgoing - Appellee's Brief Filed Sep 9, 2022 2:14 PM Notice - Outgoing
Brief - Appellee's Response Sep 9, 2022 9:18 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including September 24, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 17, 2022 2:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Extension (Appellee Response) Aug 17, 2022 1:46 PM Motion
Order - Appellee is granted an extension of time to and including August 25, 2022, within which to prepare, file, and serve its response brief Jul 14, 2022 5:05 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Jul 14, 2022 1:30 PM Motion
Extension - Grant of Extension - Appellee is granted an extension of time to and including July 26, 2022, within which to prepare, serve, and file its response brief Jun 24, 2022 2:29 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Jun 24, 2022 1:44 PM Motion
Notice - Outgoing - Appellant's Brief Filed May 31, 2022 11:19 AM Notice - Outgoing
Brief - Appellant's Opening May 27, 2022 1:18 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 31, 2022, within which to prepare, file, and serve Appellant's opening brief Apr 22, 2022 12:01 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 22, 2022 9:59 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 29, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 23, 2022 3:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 23, 2022 1:24 PM Motion
Order - Appellant is given an extension of time until March 30, 2022, to prepare, file, and serve the Appellant's opening brief Feb 28, 2022 11:32 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 28, 2022 9:57 AM Motion
Order - Appellant is granted an extension of time to and including February 28, 2022, within which to prepare, file, and serve Appellant's opening brief Jan 10, 2022 4:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 10, 2022 3:39 PM Motion
Order - Appellant is granted an extension of time to and including January 28, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 15, 2021 4:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Dec 15, 2021 9:15 AM Motion
Order - Appellant is granted an extension of time to and including December 29, 2021, within which to prepare, file, and serve Appellant's opening brief Nov 23, 2021 4:16 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Nov 23, 2021 1:22 PM Motion
Order - Appellant is granted an extension of time to and including November 29, 2021, within which to prepare, file, and serve Appellant's opening brief Oct 22, 2021 5:11 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellate respectfully requests an extension of time until November 29, 2021, in which to prepare, file, and serve the opening brief Oct 22, 2021 3:22 PM Motion
Order - Appellant is granted an extension of time to and including October 29, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 23, 2021 1:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Sep 23, 2021 11:28 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 29, 2021, within which to prepare, file, and serve Appellant's opening brief Aug 24, 2021 4:06 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 24, 2021 12:11 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 30, 2021, within which to prepare, file, and serve Appellant's opening brief Jul 23, 2021 3:49 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Until August 30, 2021, in which to prepare, file, and serve the Appellant's opening brief Jul 23, 2021 11:10 AM Motion
Order - Appellant is granted an extension of time to and including July 30, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 23, 2021 4:37 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jun 23, 2021 2:45 PM Motion
Order - Appellant is granted an extension of time to and including June 30, 2021, within which to prepare, file, and serve Appellant's opening brief May 25, 2021 4:11 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 25, 2021 11:17 AM Motion
Extension - Appellant is given an extension of time until May 31, 2021, to prepare, file, and serve the Appellant's opening brief Apr 27, 2021 10:56 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Apr 26, 2021 2:29 PM Motion
Notice - Outgoing - Transcript Filed Mar 30, 2021 1:50 PM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 6/15/20, 9/28/20, 10/19/20, 10/20/20 and 12/7/20 hearings Mar 30, 2021 12:16 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript until April 27, 2021 Mar 5, 2021 10:35 AM Ruling
Notice - Outgoing - District Court Record Filed Feb 10, 2021 10:08 AM Record
Record - DC Record Filed - 1 red file folder Feb 10, 2021 10:07 AM Record
Notice - Incoming - Transcripts Deemed Necessary Jan 27, 2021 2:57 PM Notice - Incoming
Notice - Incoming - Appearance - Chad Wright for Appellate Defender's Office Jan 26, 2021 12:25 PM Notice - Incoming
Order - Jensen's motion to withdraw is granted; ADD is given 30 days to file a notice of appearance or motion to rescind the appointment Jan 7, 2021 9:07 AM Order - Other
Notice - Outgoing - Appeal Notice Jan 5, 2021 10:43 AM Notice - Outgoing
Motion - Withdrawal of Counsel Jan 5, 2021 10:40 AM Motion
Notice - Incoming - Notice of Appeal Filed Jan 5, 2021 10:40 AM Notice - Incoming