State v. D. Pierce

DA 23-0248 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0248
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Reversed
Lower court case DC-21-13
Lower court judge Hon. Robert J. Whelan

Key dates

Closed Nov 18, 2025
Classified Mar 12, 2025
Appeal filed May 4, 2023
Record filed May 25, 2023
Briefing ended Jan 24, 2025
Opinion issued Nov 12, 2025
Briefing started Jun 19, 2023
Transcript filed Jun 19, 2023
Sent to the court Jan 24, 2025
Submitted for decision Jan 24, 2025
Appellant Reply Brief Filed Jan 24, 2025
Appellant Opening Brief Filed Jun 12, 2024
Appellee Response Brief Filed Dec 13, 2024

Calculated

from the docket dates
Appeal filed to briefing start 46
Briefing days 584
Briefing start to opening brief filed 358
Classified to Opinion 245
Close of briefing to sent to court 0
Filing date to Opinion 923
Filing date to closed 929
Opening to response 183
Opinion to closed 5
Response to reply 42
Sent to court to classified 46
Submitted for decision to Opinion 292

Tags

Closed En Banc Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Roy Lindsay Brown, Jr
Appellant
Dillon Patrick Pierce
Represented by Tammy Ann Hinderman

Opinion

State v. D. Pierce, 2025 MT 257

Reversed on November 12, 2025, in a 4 to 0 with 3 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Nov 28, 2025 11:56 AM Record
Record - DC Record Returned to District Court Exhibits Only Nov 19, 2025 9:18 AM Record
Event - Case Closed - Hard Copy Exhibits Returned Nov 18, 2025 3:49 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Nov 18, 2025 3:30 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Nov 18, 2025 3:01 PM Closing Notice
Order - Grant - IT IS ORDERED that remittitur shall issue immediately Nov 18, 2025 2:42 PM Order - Other
Motion - Unopposed - for Immediate Remittitur Nov 18, 2025 1:54 PM Motion
Opinion - Published - Justice Rice - Reversed and Remanded Nov 12, 2025 4:06 PM Opinion
Order - Classified - En Banc Mar 12, 2025 10:47 AM Classifying Notice
Event - Case Sent to Court Jan 24, 2025 2:35 PM Classifying Notice
Notice - Outgoing - Brief Filed Jan 24, 2025 2:34 PM Notice - Outgoing
Brief - Appellant Reply Jan 24, 2025 10:34 AM Appellant Reply Brief
Order - Appellant is granted an extension of time up to and including January 27, 2024, in which to prepare, file and serve the Appellant's reply brief in the above-entitled matter. No further extensions will be granted Dec 23, 2024 4:12 PM Order - Extension
Motion - Unopposed - (APPELLANT REPLY) Extension of Time - Brief (First Request 30 Days) Dec 23, 2024 11:40 AM Motion
Notice - Outgoing - Brief Filed Dec 13, 2024 1:48 PM Notice - Outgoing
Brief - Appellee's Response Dec 13, 2024 8:10 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including December 9, 2024, within which to prepare, file, and serve its response brief Oct 29, 2024 5:56 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Oct 29, 2024 2:00 PM Motion
Order - Appellee is granted an extension of time to and including November 9, 2024, within which to prepare, file, and serve its response brief Oct 1, 2024 12:43 PM Order - Extension
Motion - Unopposed - (APPELLEE RESPONSE) Motion and Affidavit for Second or Subsequent Extension Oct 1, 2024 10:01 AM Motion
Order - Appellee is granted an extension of time to and including October 10, 2024, within which to prepare, file, and serve its response brief Jul 30, 2024 12:21 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Jul 30, 2024 11:50 AM Motion
Order - Appellee is granted an extension of time to and including August 11, 2024, within which to prepare, serve, and file it's response brief Jul 10, 2024 1:39 PM Order - Extension
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Jul 9, 2024 4:14 PM Motion
Notice - Outgoing - Brief Filed Jun 12, 2024 10:55 AM Notice - Outgoing
Brief - Appellant's Opening Jun 12, 2024 9:43 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including June 17, 2024, within which to prepare, file, and serve Appellant's opening brief May 8, 2024 12:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 8, 2024 9:54 AM Motion
Notice - Outgoing - uploading document 54.1 (proposed jury instructions) to the record. Inadvertently not sent with the electronic record Apr 17, 2024 3:56 PM Notice - Outgoing
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 17, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 21, 2024 3:41 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Mar 21, 2024 12:20 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 17, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 12, 2024 10:58 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Mar 11, 2024 5:54 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 18, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 9, 2024 3:46 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Feb 9, 2024 12:28 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 16, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 10, 2024 12:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 10, 2024 9:25 AM Motion
Order - Grant - Appellant is granted an extension of time to and including January 17, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 11, 2023 2:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Dec 11, 2023 1:18 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to December 18, 2023, to prepare, file, and serve Appellant's opening brief Nov 9, 2023 3:59 PM Order - Extension
Motion - Unopposed - APPELLANTS OPENING - Motion and Affidavit for Second or Subsequent Extension Nov 9, 2023 11:56 AM Motion
Order - Grant - Appellant is granted an extension of time to and including November 17, 2023, within which to file and serve Appellant's opening brief on appeal Oct 12, 2023 10:29 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 11, 2023 12:05 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 18, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 11, 2023 2:11 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Sep 11, 2023 1:36 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including September 18, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 14, 2023 10:30 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Aug 11, 2023 3:02 PM Motion
Extension - Grant of Extension - Appellant is given an extension of time until August 18, 2023, to prepare, file, and serve the Appellant's opening brief Jul 12, 2023 2:31 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jul 12, 2023 2:23 PM Motion
Notice - Outgoing - Transcript Filed Jun 19, 2023 12:15 PM Transcript
Record - Transcript Filed for February 23, 2022; March 4, 2022; March 21-22, 2022; February 13, 2023; and March 2, 2023 Jun 19, 2023 11:21 AM Record
Notice - Outgoing - Exhibits Filed May 31, 2023 2:56 PM Notice - Outgoing
Record - Exhibits Filed - 1 envelope with State's Exhibits 8 and 10 May 31, 2023 2:56 PM Record
Notice - Outgoing - District Court Record Filed May 25, 2023 1:00 PM Record
DC Record Filed for Cause No. DC-21-013 consisting of electronic documents 1-138 and Case Register Report May 25, 2023 12:59 PM Record
Notice - Incoming - Transcripts Deemed Necessary May 5, 2023 2:22 PM Notice - Incoming
Notice - Outgoing - Appeal Notice May 4, 2023 9:43 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed May 4, 2023 9:33 AM Notice - Incoming