State v. Timothy Nelson

DA 07-0339 ·Direct Appeal ·Criminal ·Closed
Docket DA 07-0339
Type Direct Appeal — Dangerous Drugs
Classification Criminal
Outcome Reversed
Lower court case DC 06-09
Lower court judge Hon. Laurie McKinnon

Key dates

Closed Nov 14, 2008
Classified May 21, 2008
Appeal filed May 31, 2007
Record filed Jul 12, 2007
Briefing ended Dec 17, 2007
Opinion issued Oct 28, 2008
Briefing started Jul 12, 2007
Sent to the court Dec 18, 2007
Submitted for decision Dec 18, 2007
Appellant Reply Brief Filed Dec 17, 2007
Appellant Opening Brief Filed Oct 1, 2007
Appellee Response Brief Filed Nov 30, 2007

Calculated

from the docket dates
Appeal filed to briefing start 42
Briefing days 157
Briefing start to opening brief filed 81
Classified to Opinion 160
Close of briefing to sent to court 1
Filing date to Opinion 516
Filing date to closed 533
Opening to response 59
Opinion to closed 16
Response to reply 16
Sent to court to classified 155
Submitted for decision to Opinion 315

Tags

Amicus requested Closed En Banc Final Order Issued Published opinion Reversed

Parties

Respondent
State of Montana
Represented by Tammy K Plubell
Appellant
Timothy Scott Nelson
Represented by Colin M. Stephens

Opinion

State v. Timothy Nelson, 2008 MT 359

Reversed on October 28, 2008, in a 6 to 1 published opinion.

Events

most recent first
Event - Case Closed Nov 14, 2008 2:29 PM Closing Notice
Record - DC Record Returned to District Court Nov 14, 2008 2:29 PM Record
Notice - Outgoing - Remittitur Issued Nov 14, 2008 1:52 PM Closing Notice
Opinion - Published - Cotter, reversed in part and remanded Oct 28, 2008 4:23 PM Opinion
Order - Classified - En Banc May 21, 2008 2:41 PM Classifying Notice
Order - State's motion to strike material contained the the reply brief is TAKEN UNDER ADVISEMENT Jan 16, 2008 11:47 AM Order - Other
Event - Sent to Court-Pleadings; Motion to Strike and Response to Motion to Strike Jan 7, 2008 1:19 PM Event
Response - to Motion to Strike material contained in the Reply Brief. copies to Court Jan 4, 2008 1:17 PM Response
Motion - Opposed - to Strike Material Contained in the Reply Brief which is outside the Record. holding for objection, if any Dec 27, 2007 2:10 PM Motion
Event - Case Sent to Court Dec 18, 2007 9:49 AM Classifying Notice
Brief - Appellant Reply Dec 17, 2007 9:38 AM Appellant Reply Brief
Notice - Incoming - Attorney Substitution/Withdrawal (Colin Stephens in place of Justin Lee) Dec 10, 2007 3:37 PM Notice - Incoming
Brief - Appellee Nov 30, 2007 4:07 PM Appellee Response Brief
Brief - Amicus (Patients and Families United and American Civil Liberties Union Foundation of Montana) Nov 5, 2007 9:36 AM Amicus Brief
Order - Grant - Extension of Time - Appellee is granted until 11/30/07 to file its brief Oct 31, 2007 2:42 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) sent to Court Oct 30, 2007 8:33 AM Motion
Order - Grant motion for leave to file amicus curiae brief by Patients and Families United and the ACLU. Amici shall file brief by 11/05/07 Oct 17, 2007 11:08 AM Order - Other
Appendix to Appellant's Brief pursuant to Order dated 10/03/07 Oct 11, 2007 3:05 PM Other
Motion - Unopposed - Amicus - Leave to Participate. To Court Oct 5, 2007 11:30 AM Motion
Order - Appellant shall serve a copy of his brief on the County Attorney. Also, within 10 days, provide 9 copies of an appendix containing the judgment/order and maile copies to all counsel. Within 10 days a cert. serv. must be filed showing proof of service of the above Oct 3, 2007 2:04 PM Order - Other
Brief - Appellant Oct 1, 2007 4:52 PM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until 10/1/07 to file his opening brief Aug 10, 2007 2:42 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Aug 9, 2007 2:02 PM Motion
Notice - Outgoing - District Court Record Filed Jul 12, 2007 12:43 PM Record
Record - DC Record/Exhibits/Transcript Filed (1 red folder; 1 orig. transcript w/2 copies) Jul 11, 2007 12:37 PM Record
Order - Grant - Extension of Time until July 16, 2007, to file transcripts. No further extensions will be granted Jun 13, 2007 9:03 AM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript. sent to Court Jun 12, 2007 8:52 AM Motion
Notice - Outgoing - Appeal Notice May 31, 2007 1:42 PM Notice - Outgoing
Rulings - Other Courts - Order-Granting Extension of Time to Transmit Record (extended additional 50 days) May 30, 2007 1:47 PM Ruling
Notice - Incoming - Notice of Appeal Filed in DC on 3/22/07 May 30, 2007 1:40 PM Notice - Incoming