State v. Friscia

DA 24-0023 ·Direct Appeal ·Criminal ·Closed
Docket DA 24-0023
Type Direct Appeal — Assault on Peace Officer/Judicial Officer
Classification Criminal
Outcome Affirmed
Lower court case BDC-22-804
Lower court judge Hon. Elizabeth A. Best

Key dates

Closed Aug 6, 2026
Classified Mar 25, 2026
Appeal filed Jan 9, 2024
Record filed Feb 12, 2024
Briefing ended Jan 16, 2026
Opinion issued Jul 21, 2026
Briefing started Feb 12, 2024
Transcript filed Feb 6, 2024
Sent to the court Jan 16, 2026
Submitted for decision Jan 16, 2026
Appellant Reply Brief Filed Jan 16, 2026
Appellant Opening Brief Filed Jul 3, 2025
Appellee Response Brief Filed Dec 5, 2025

Calculated

from the docket dates
Appeal filed to briefing start 34
Briefing days 704
Briefing start to opening brief filed 507
Classified to Opinion 118
Close of briefing to sent to court 0
Filing date to Opinion 924
Filing date to closed 940
Opening to response 154
Opinion to closed 15
Response to reply 42
Sent to court to classified 67
Submitted for decision to Opinion 186

Tags

Affirmed Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by Roy Lindsay Brown, Jr
Appellant
Phillip Michael Friscia
Represented by Tammy Ann Hinderman

Opinion

State v. Friscia, 2026 MT 158

Affirmed on July 21, 2026, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Returned to District Court - Exhibits only Aug 6, 2026 8:39 AM Record
Event - Case Closed Aug 6, 2026 8:39 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Aug 6, 2026 8:36 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Aug 6, 2026 8:23 AM Closing Notice
Opinion - Published - Justice Rice - Affirmed Jul 21, 2026 3:29 PM Opinion
Order - Classified - Five Justice Panel Mar 25, 2026 11:10 AM Classifying Notice
Event - Case Sent to Court Jan 16, 2026 2:41 PM Classifying Notice
Notice - Outgoing - Brief Filed Jan 16, 2026 2:40 PM Notice - Outgoing
Brief - Appellant Reply Jan 16, 2026 2:01 PM Appellant Reply Brief
Order - Appellant is granted an extension of time until January 18, 2026, within which to prepare, file, and serve Appellant's reply brief. No further extensions will be granted Dec 9, 2025 11:06 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief - (First 30 days) Dec 9, 2025 10:22 AM Motion
Notice - Outgoing - Appellee's Response Brief Filed Dec 5, 2025 3:04 PM Notice - Outgoing
Brief - Appellee's Response Dec 5, 2025 8:41 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including December 30, 2025, within which to prepare, serve, and file its response brief Nov 19, 2025 3:47 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Response Brief Nov 19, 2025 2:49 PM Motion
Order - Appellee is granted an extension of time to and including November 30, 2025, within which to prepare, serve, and file its response brief Oct 21, 2025 9:17 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Oct 21, 2025 8:00 AM Motion
Order - Appellee is granted an extension of time to and including October 31, 2025, within which to prepare, serve, and file its response brief Aug 19, 2025 4:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee Response Aug 19, 2025 2:06 PM Motion
Extension - Appellee is granted an extension of time to and including September 1, 2025, within which to prepare, serve, and file its response brief Jul 31, 2025 1:27 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief Jul 28, 2025 12:32 PM Motion
Notice - Outgoing - Appellant's Opening Brief Filed Jul 7, 2025 10:34 AM Notice - Outgoing
Brief - Appellant's Opening Jul 3, 2025 1:01 PM Appellant Opening Brief
Order - Appellant is granted an extension of time until July 4, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 4, 2025 11:35 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 4, 2025 11:09 AM Motion
Order - Appellant is granted an extension of time until June 20, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal May 6, 2025 8:50 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension May 6, 2025 8:00 AM Motion
Order - IT IS HEREBY ORDERED that Appellant is granted an extension of time until May 21, 2025, within which to prepare, file, and serve Appellant's opening brief Apr 2, 2025 3:59 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Apr 2, 2025 2:24 PM Motion
Order - Appellant is granted an extension of time until April 21, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 3, 2025 11:04 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 3, 2025 9:48 AM Motion
Order - Appellant is granted an extension of time until March 22, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 6, 2025 3:15 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 5, 2025 9:12 AM Motion
Order - Appellant is granted an extension of time until February 20, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 3, 2025 5:04 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 3, 2025 4:50 PM Motion
Order - Appellant is granted an extension of time until January 21, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 5, 2024 4:29 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Dec 5, 2024 3:34 PM Motion
Order - Appellant is granted an extension of time until December 22, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 31, 2024 4:33 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Oct 31, 2024 2:09 PM Motion
Notice - Outgoing - Exhibits Filed Oct 3, 2024 12:48 PM Notice - Outgoing
Record - Electronic Exhibits Filed for Cause No. DC 2022-0804 consisting of Docket numbers 19 and 28 (colored copies) added to electronic records folder Oct 3, 2024 12:46 PM Record
Order - Appellant is granted an extension of time until November 22, 2024, within which to prepare, file, and serve Appellant's opening brief Aug 27, 2024 4:50 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Aug 27, 2024 12:25 PM Motion
Notice - Incoming - Appearance - Contract Counsel: PETE WOOD Aug 23, 2024 11:59 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including September 23, 2024, within which to prepare, file, and serve Appellant's opening brief Aug 16, 2024 6:21 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Aug 16, 2024 1:10 PM Motion
Order - Appellant is granted an extension of time to and including August 23, 2024, within which to prepare, file, and serve Appellant's opening brief Jul 18, 2024 9:12 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 17, 2024 5:34 PM Motion
Order - Appellant is granted an extension of time to and including July 24, 2024, within which to prepare, file, and serve Appellant's opening brief Jun 17, 2024 9:27 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 17, 2024 8:59 AM Motion
Order - Appellant is granted an extension of time to and including June 24, 2024, within which to prepare, file, and serve Appellant's opening brief May 15, 2024 5:23 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 15, 2024 1:34 PM Motion
Order - Briefing/Scheduling - Appellant shall prepare, file, and serve the opening brief on appeal no later than May 23, 2024. Failure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice Apr 23, 2024 11:56 AM Order - Other
Extension - Grant of Extension - Appellant is given an extension of time until April 12, 2024, to prepare, file, and serve the Appellant's opening brief Mar 6, 2024 1:17 PM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Mar 6, 2024 12:00 PM Motion
Notice - Outgoing - Exhibits Filed Feb 16, 2024 3:23 PM Notice - Outgoing
Record - Exhibits Filed for Cause No. BDC 22-0804 consisting of 2-Small Manilla envelopes Feb 16, 2024 3:21 PM Record
Notice - Outgoing - District Court Record Filed Feb 12, 2024 12:50 PM Record
Record - Electronic DC Record Filed for Cause No. DC-22-804 consisting of electronic documents 1-61 and the Case Register Report Feb 12, 2024 12:46 PM Record
Notice - Outgoing - Transcript Filed Feb 6, 2024 9:44 AM Transcript
Record - Electronic Transcripts Filed for Cause No. BDC 2022-0804 consisting of 4-24-2023, 9-29-2023 and 11-13-2023 Feb 6, 2024 9:36 AM Record
Notice - Incoming - Transcripts Deemed Necessary Jan 9, 2024 2:43 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jan 9, 2024 9:51 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jan 9, 2024 9:42 AM Notice - Incoming