State v. D. Cord

DA 20-0259 ·Direct Appeal ·Criminal ·Closed
Docket DA 20-0259
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Reversed
Lower court case DC-18-37
Lower court judge Hon. David J. Cybulski

Key dates

Closed Nov 17, 2022
Classified Sep 21, 2022
Appeal filed May 7, 2020
Record filed Jun 9, 2020
Briefing ended Aug 12, 2022
Opinion issued Nov 1, 2022
Briefing started Sep 2, 2020
Transcript filed Sep 2, 2020
Sent to the court Aug 12, 2022
Submitted for decision Aug 12, 2022
Appellant Reply Brief Filed Aug 12, 2022
Appellant Opening Brief Filed Mar 1, 2022
Appellee Response Brief Filed Jun 28, 2022

Calculated

from the docket dates
Appeal filed to briefing start 118
Briefing days 709
Briefing start to opening brief filed 545
Classified to Opinion 41
Close of briefing to sent to court 0
Filing date to Opinion 908
Filing date to closed 924
Opening to response 118
Opinion to closed 15
Response to reply 44
Sent to court to classified 39
Submitted for decision to Opinion 81

Tags

Closed Five Justice Panel Non-cite opinion Reversed

Parties

Appellee
State of Montana
Represented by Roy Lindsay Brown, Jr
Appellant
David Joseph Cord
Represented by Ryan Ward Aikin

Opinion

State v. D. Cord, 2022 MT 220N

Reversed on November 1, 2022, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed (electronic record) Nov 17, 2022 11:00 AM Closing Notice
Notice - Outgoing - Remittitur Issued Nov 17, 2022 10:58 AM Closing Notice
Opinion - Noncite/Memorandum - JUSTICE McKINNON Reversed Nov 1, 2022 3:02 PM Opinion
Order - Classified - Five Justice Panel Sep 21, 2022 10:28 AM Classifying Notice
Event - Case Sent to Court Aug 12, 2022 2:16 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Aug 12, 2022 2:14 PM Notice - Outgoing
Brief - Appellant Reply Aug 12, 2022 1:58 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 12, 2022, within which to prepare, file, and serve Appellant's reply brief on appeal Jul 7, 2022 2:06 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Jul 7, 2022 8:40 AM Motion
Notice - Outgoing - Appellee's Brief Filed Jun 29, 2022 10:40 AM Notice - Outgoing
Brief - Appellee's Response Jun 28, 2022 2:57 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until June 29, 2022 to file the response brief Apr 20, 2022 3:42 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Apr 20, 2022 3:13 PM Motion
Extension - Appellee is granted an extension of time to and including April 30, 2022, within which to prepare, serve, and file its response Mar 22, 2022 4:00 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Mar 22, 2022 11:29 AM Motion
Notice - Outgoing - Appellant's Brief Filed Mar 2, 2022 9:45 AM Notice - Outgoing
Brief - Appellant's Opening Mar 1, 2022 4:10 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until March 3, 2022 to file the opening brief; no further extensions will be granted Jan 27, 2022 9:26 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 27, 2022 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/3/22 to file the opening brief Dec 21, 2021 1:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 21, 2021 10:23 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 3, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 26, 2021 2:10 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief - (Fourteenth (14th) Request for Extension) Nov 26, 2021 11:49 AM Motion
Notice - Incoming - Appearance of Ryan Aikin as contract counsel for the Appellate Defender Office on behalf of the Appellant in the above named appeal Oct 27, 2021 3:49 PM Notice - Incoming
Order - Appellant is granted an extension of time to and including December 3, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 27, 2021 12:16 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 27, 2021 11:04 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including November 3, 2021, within which to prepare, file, and serve Appellant's opening brief Sep 30, 2021 4:30 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellate respectfully requests an extension of time until November 3, 2021, in which to prepare, file, and serve the opening brief Sep 29, 2021 12:58 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 4, 2021, within which to prepare, file, and serve Appellant's opening brief Jul 23, 2021 3:47 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Until October 4, 2021, in which to prepare, file, and serve the Appellant's opening brief Jul 23, 2021 10:09 AM Motion
Order - Appellant is granted an extension of time to and including August 5, 2021, within which to prepare, file, and serve Appellant's opening brief Jun 29, 2021 3:39 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 28, 2021 4:46 PM Motion
Order - Grant - Extension of Time - Appellant is granted until July 5, 2021 to file the opening brief Jun 2, 2021 2:54 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 2, 2021 11:15 AM Motion
Order - Appellant is granted an extension of time to and including June 4, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Apr 29, 2021 4:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 28, 2021 10:06 AM Motion
Order - Appellant is granted an extension of time to and including May 5, 2021, within which to prepare, file, and serve Appellant's opening brief Mar 30, 2021 4:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 30, 2021 9:04 AM Motion
Order - Grant - Extension of Time - Appellant is granted until April 5, 2021 to file the opening brief Feb 26, 2021 3:07 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 26, 2021 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until March 5, 2021 to file the opening brief Jan 28, 2021 1:39 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 28, 2021 11:11 AM Motion
Order - Appellant is granted an extension of time to and including February 3, 2021, within which to prepare, file, and serve Appellant's opening brief Dec 28, 2020 3:51 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 28, 2020 8:00 AM Motion
Order - Appellant is granted an extension of time to and including January 4, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 25, 2020 1:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Nov 25, 2020 10:38 AM Motion
Order - Appellant is granted an extension of time to and including December 2, 2020, within which to prepare, file, and serve Appellant's opening brief Oct 27, 2020 3:56 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 26, 2020 10:33 AM Motion
Extension - Appellant is given an extension of time until November 2, 2020 to prepare, file, and serve the Appellant's Opening Brief Sep 25, 2020 4:06 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Sep 25, 2020 3:50 PM Motion
Notice - Outgoing - Transcript Filed Sep 2, 2020 10:07 AM Transcript
Electronic Transcript Filed of September 12 & 13, 2019 Jury Trial Aug 31, 2020 8:40 AM Other
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - 9/1/20 Jul 10, 2020 3:09 PM Ruling
Notice - Outgoing - Transcript Filed Jun 19, 2020 9:01 AM Transcript
Record - (1) volume electronically imaged Transcript in Roosevelt County District Court Cause DC 18-37 dated 2/12/20 Filed Jun 19, 2020 8:43 AM Record
Notice - Outgoing - District Court Record Filed Jun 9, 2020 1:14 PM Record
Record - DC Record Filed - electronically filed documents 1-79 Jun 9, 2020 1:06 PM Record
Notice - Incoming - Transcripts Deemed Necessary Jun 1, 2020 2:37 PM Notice - Incoming
Notice - Incoming - Appearance - Chad Wright for Appellant Jun 1, 2020 10:34 AM Notice - Incoming
Order - Granting Appointment of Counsel. The ADD shall have 30 days within which to file either a Notice of Appearance or a Motion to Rescind this Order May 8, 2020 3:32 PM Order - Other
Motion - Appointment of Counsel - sent to Court w/SC file May 7, 2020 2:22 PM Motion
Notice - Outgoing - Appeal Notice May 7, 2020 2:21 PM Notice - Outgoing
Notice - Incoming - Transcripts Deemed Necessary May 7, 2020 2:19 PM Notice - Incoming
Notice - Incoming - Notice of Appeal Filed May 7, 2020 2:11 PM Notice - Incoming