State v. C. Post

DA 23-0368 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0368
Type Direct Appeal — DUI
Classification Criminal
Outcome Reversed
Lower court case DC 22-155
Lower court judge Hon. Jennifer B. Lint

Key dates

Closed Oct 9, 2025
Classified Aug 13, 2025
Appeal filed Jul 5, 2023
Record filed Jul 26, 2023
Briefing ended Apr 29, 2025
Opinion issued Sep 23, 2025
Briefing started Jul 27, 2023
Transcript filed Jul 27, 2023
Sent to the court Apr 29, 2025
Submitted for decision Apr 29, 2025
Appellant Reply Brief Filed Apr 29, 2025
Appellant Opening Brief Filed Jan 24, 2025
Appellee Response Brief Filed Mar 21, 2025

Calculated

from the docket dates
Appeal filed to briefing start 22
Briefing days 641
Briefing start to opening brief filed 547
Classified to Opinion 41
Close of briefing to sent to court 0
Filing date to Opinion 811
Filing date to closed 827
Opening to response 56
Opinion to closed 15
Response to reply 38
Sent to court to classified 105
Submitted for decision to Opinion 147

Tags

Closed En Banc Five Justice Panel Published opinion Reclassified En Banc Reversed

Parties

Appellee
State of Montana
Represented by William E. Fulbright
Appellant
Charles William Post
Represented by Tammy Ann Hinderman

Opinion

State v. C. Post, 2025 MT 215

Reversed on September 23, 2025, in a 7 to 2 with 2 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Oct 17, 2025 11:13 AM Record
Event - Case Closed (electronic record, exhibits returned) Oct 9, 2025 9:44 AM Closing Notice
Record - DC Record Returned to District Court (Exhibits only) Oct 9, 2025 9:30 AM Record
Notice - Outgoing - Opinion Release Notice Issued Oct 9, 2025 9:13 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Oct 9, 2025 8:49 AM Closing Notice
Opinion - Published - Justice Rice - Reversed and Remanded Sep 23, 2025 3:37 PM Opinion
Order - Classified - En Banc - Previously classified for submission on briefs to a five-justice panel, is hereby reclassified for submission to the Court sitting en banc Aug 13, 2025 1:07 PM Classifying Notice
Order - Classified - Five Justice Panel Jun 11, 2025 9:49 AM Classifying Notice
Event - Case Sent to Court Apr 29, 2025 1:33 PM Classifying Notice
Notice - Outgoing - Brief Filed Apr 29, 2025 1:32 PM Notice - Outgoing
Brief - Appellant Reply Apr 29, 2025 11:47 AM Appellant Reply Brief
Order - Appellant is given an extension of time until May 7, 2025, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Mar 31, 2025 3:28 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief - Appellant's Reply Brief Mar 31, 2025 2:59 PM Motion
Notice - Outgoing - Brief Filed Mar 24, 2025 10:38 AM Notice - Outgoing
Brief - Appellee's Response Mar 21, 2025 4:37 PM Appellee Response Brief
Grant - Appellee is granted an extension of time to and including March 25, 2025, within which to prepare, serve, and file its response brief Feb 5, 2025 8:51 AM Other
Motion - Unopposed - Appellee's Motion for an Extension of Time Response Brief (First Request 30 Days) Feb 4, 2025 4:34 PM Motion
Notice - Outgoing - Brief Filed Jan 24, 2025 3:55 PM Notice - Outgoing
Brief - Appellant's Opening Jan 24, 2025 3:15 PM Appellant Opening Brief
Order - Appellant has until January 27, 2025, to prepare, file, and serve the opening brief. No further extensions will be granted Dec 20, 2024 4:29 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Dec 20, 2024 10:01 AM Motion
Order - Appellant is granted an extension of time to and including December 27, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 13, 2024 10:54 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Nov 12, 2024 2:48 PM Motion
Order - Appellant is granted an extension of time to and including November 27th, 2024, within which to prepare, file, and serve Appellant's opening brief Oct 22, 2024 12:30 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 21, 2024 11:04 AM Motion
Order - Appellant is granted an extension of time to and including October 28, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 20, 2024 12:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 20, 2024 11:50 AM Motion
Order - Appellant is granted an extension of time to and including September 27, 2024, within which to prepare, file, and serve Appellant's opening brief Aug 23, 2024 2:06 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 23, 2024 10:16 AM Motion
Order - Appellant is granted an extension of time to and including August 28, 2024, within which to prepare, file, and serve Appellant's opening brief Jul 23, 2024 2:57 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 22, 2024 9:11 AM Motion
Order - Appellant is granted an extension of time to and including July 29, 2024, within which to prepare, file, and serve Appellant's opening brief Jun 19, 2024 11:15 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 19, 2024 10:38 AM Motion
Order - Appellant is granted an extension of time to and including June 27, 2024, within which to prepare, file, and serve its response brief May 14, 2024 12:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension May 14, 2024 10:14 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to May 28, 2024, to prepare, file, and serve Appellant's opening brief Apr 16, 2024 8:48 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 15, 2024 1:18 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 26, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 19, 2024 9:42 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Mar 18, 2024 5:36 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to March 27, 2024, to prepare, file, and serve Appellant's opening brief Feb 21, 2024 3:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 21, 2024 11:54 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 26, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 19, 2024 4:12 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Jan 19, 2024 10:52 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 26, 2024, within which to prepare, file, and serve Appellant's opening brief Dec 20, 2023 12:21 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Dec 20, 2023 11:50 AM Motion
Order - Grant - Appellant is granted an extension of time to and including December 27, 2023, within which to prepare, file, and serve Appellant's opening brief Nov 20, 2023 5:09 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening brief Nov 20, 2023 3:05 PM Motion
Order - Grant - Appellant is granted an extension of time to and including November 27, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 20, 2023 10:46 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 20, 2023 9:24 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 27, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 20, 2023 4:31 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Sep 20, 2023 12:20 PM Motion
Extension - Grant of Extension - Appellant is given an extension of time until September 27, 2023, to prepare, file, and serve the Appellant's opening brief Aug 28, 2023 10:40 AM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Aug 28, 2023 9:49 AM Motion
Notice - Outgoing - Exhibits Filed Jul 28, 2023 3:55 PM Notice - Outgoing
Record - Exhibits Filed consisting of two (2) white 3-ring binders Jul 28, 2023 3:53 PM Record
Notice - Outgoing - Transcript Filed Jul 27, 2023 2:56 PM Transcript
Record - Electronic Transcript Filed for 01/05/2023, 02/21/2023, 03/09/2023, 04/17/2023 & 04/20/2023 hearings Jul 27, 2023 2:06 PM Record
Notice - Outgoing - District Court Record Filed Jul 26, 2023 1:54 PM Record
Record - DC Record Filed for Cause No. DC 22-155 consisting of electronic documents 1-67 and the Case Register Report Jul 26, 2023 1:44 PM Record
Notice - Incoming - Transcripts Deemed Necessary Jul 6, 2023 12:02 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jul 5, 2023 3:24 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jul 5, 2023 2:37 PM Notice - Incoming