State v. M. Sullivan

DA 23-0196 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0196
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Reversed
Lower court case DC 22-54
Lower court judge Hon. Brenda R. Gilbert

Key dates

Closed Aug 21, 2025
Classified May 14, 2025
Appeal filed Mar 29, 2023
Record filed May 1, 2023
Briefing ended Apr 8, 2025
Opinion issued Aug 5, 2025
Briefing started Jul 17, 2024
Transcript filed Jul 17, 2024
Sent to the court Apr 9, 2025
Submitted for decision Apr 9, 2025
Appellant Reply Brief Filed Apr 8, 2025
Appellant Opening Brief Filed Oct 21, 2024
Appellee Response Brief Filed Feb 24, 2025

Calculated

from the docket dates
Appeal filed to briefing start 476
Briefing days 264
Briefing start to opening brief filed 95
Classified to Opinion 83
Close of briefing to sent to court 0
Filing date to Opinion 860
Filing date to closed 876
Opening to response 126
Opinion to closed 15
Response to reply 42
Sent to court to classified 34
Submitted for decision to Opinion 118

Tags

Closed Five Justice Panel Non-cite opinion Reversed

Parties

Appellee
State of Montana
Represented by Chad Brendon Glenn
Appellant
Michael Paul Sullivan
Represented by Tammy Ann Hinderman

Opinion

State v. M. Sullivan, 2025 MT 172N

Reversed on August 5, 2025, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed (Electronic Record) Aug 21, 2025 9:33 AM Closing Notice
Notice - Outgoing - Remittitur Issued Aug 21, 2025 9:28 AM Closing Notice
Opinion - Noncite/Memorandum - Justice Rice - Reversed and Remanded Aug 5, 2025 3:49 PM Opinion
Order - Classified - Five Justice Panel May 14, 2025 10:33 AM Classifying Notice
Event - Case Sent to Court Apr 9, 2025 11:48 AM Classifying Notice
Notice - Outgoing - Brief Filed Apr 9, 2025 11:46 AM Notice - Outgoing
Brief - Appellant Reply Apr 8, 2025 1:10 PM Appellant Reply Brief
Order - Appellant is given an extension of time until April 9, 2025, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Mar 4, 2025 2:49 PM Order - Extension
Motion - Unopposed - Appellant's Motion for an Extension of Time to File REPLY Brief Mar 4, 2025 1:55 PM Motion
Notice - Outgoing - Brief Filed Feb 24, 2025 4:15 PM Notice - Outgoing
Brief - Appellee's Response Feb 24, 2025 2:25 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including February 18, 2025, within which to prepare, serve, and file its response brief Jan 13, 2025 9:17 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Jan 13, 2025 8:00 AM Motion
Order - Appellee is granted an extension of time to and including January 19, 2025, within which to prepare, serve, and file its response brief Dec 12, 2024 1:43 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Dec 12, 2024 10:36 AM Motion
Extension - State is granted an extension of time to and including December 20, 2024, within which to prepare, file, and serve the Appellee's response brief Nov 20, 2024 9:50 AM Extension
Motion - Unopposed - Appellee's Motion for an Extension of Time to File Response Brief (First Request 30 Days) Nov 20, 2024 8:44 AM Motion
Notice - Outgoing - Brief Filed Oct 21, 2024 4:05 PM Notice - Outgoing
Brief - Appellant's Opening Oct 21, 2024 12:35 PM Appellant Opening Brief
AMENDED Affidavit - Court Reporter - Robin Lee - the transcript of January 17th, 2023, is a true and accurate transcript of said proceedings that was e-filed with the Supreme Court Sep 20, 2024 4:36 PM Other
Affidavit - Court Reporter - Robin Lee - the transcript of the January 17th, 2023, Change of Plea hearing is a true and accurate transcript of said proceedings that was e-filed with the Supreme Court Sep 17, 2024 4:39 PM Other
Order - Appellant is granted an extension of time to and including October 21, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 13, 2024 4:52 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 13, 2024 9:55 AM Motion
Order - Appellant is granted an extension of time to and including September 20, 2024, within which to prepare, file, and serve Appellant's opening brief Aug 15, 2024 8:08 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Aug 14, 2024 3:16 PM Motion
Notice - Outgoing - Transcript Filed Jul 17, 2024 2:27 PM Transcript
Record - Electronic Transcript Filed for Cause No. DC 22-29- DC 22-54 - Consisting of Transcript Of Proceedings from January 17th, 2023 Jul 17, 2024 2:07 PM Record
Order - Appellant is granted an extension of time to and including August 21, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 15, 2024 3:49 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (APPELLANT OPENING) Jul 15, 2024 3:25 PM Motion
Order - Appellant is granted an extension of time to and including July 22, 2024, within which to prepare, file, and serve Appellant's opening brief Jun 12, 2024 11:31 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jun 12, 2024 11:12 AM Motion
Order - Appellant is granted an extension of time to and including June 21, 2024, within which to prepare, file, and serve Appellant's opening brief May 15, 2024 1:22 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 15, 2024 10:20 AM Motion
Order - Appellant is granted an extension to May 22, 2024, to prepare, file, and serve Appellant's opening brief Apr 16, 2024 9:04 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Apr 15, 2024 8:41 AM Motion
Order - Appellant is granted an extension to April 22, 2024, to prepare, file, and serve Appellant's opening brief Mar 13, 2024 11:15 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Mar 13, 2024 9:25 AM Motion
Order - Appellant is granted an extension of time to and including March 21, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 13, 2024 3:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 13, 2024 1:58 PM Motion
Order - Appellant is granted an extension of time to and including February 20, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 12, 2024 12:36 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 12, 2024 11:04 AM Motion
Order - Appellant is granted an extension of time to and including January 19, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 13, 2023 2:43 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Dec 13, 2023 11:11 AM Motion
Order - Appellant is granted an extension of time to and including December 20, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 13, 2023 2:26 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension for Opening Brief Nov 13, 2023 12:30 PM Motion
Order - Appellant is granted an extension to November 20, 2023, to prepare, file, and serve Appellant's opening brief Oct 13, 2023 3:09 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Oct 13, 2023 1:35 PM Motion
Order - Appellant is granted an extension to October 20, 2023, to prepare, file, and serve Appellant's opening brief Sep 13, 2023 9:38 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's third request for an extension Sep 13, 2023 9:05 AM Motion
Order - Appellant is granted an extension of time to and including September 20, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 15, 2023 9:29 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 14, 2023 4:53 PM Motion
Extension - Appellant is given an extension of time until August 21, 2023, to prepare, file, and serve the Appellant's opening brief Jul 12, 2023 2:32 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jul 12, 2023 2:23 PM Motion
Notice - Outgoing - Transcript Filed Jun 20, 2023 11:43 AM Transcript
Electronic Transcript Filed of January 23, 2023 Sentencing hearing Jun 20, 2023 10:28 AM Other
Rulings - Other Courts - a portion of the transcript is unavailable and the provisions of Rule 8(7) have been invoked Jun 12, 2023 3:59 PM Ruling
Order - Grant - Extension of Time - Court Reporter Robin Lee is granted an extension of time to and including June 14, 2023, within which to prepare, file, and serve the transcripts requested on appeal May 26, 2023 5:37 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript May 26, 2023 2:31 PM Motion
Order - Court Reporter Robin Lee is granted an extension of time to and including May 25, 2023, within which to prepare, file, and serve the transcripts requested on appeal May 16, 2023 5:12 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript May 16, 2023 2:11 PM Motion
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - May 25, 2023 May 16, 2023 11:05 AM Ruling
Notice - Outgoing - District Court Record Filed May 1, 2023 1:33 PM Record
Record - DC Record Filed for Cause No. DC 22-54 consisting of electronically transmitted documents 1-38 and Case Register Report May 1, 2023 1:32 PM Record
Notice - Incoming - Transcripts Deemed Necessary Mar 29, 2023 4:47 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Mar 29, 2023 2:44 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Mar 29, 2023 2:38 PM Notice - Incoming