State v. A. Lake

DA 19-0648 ·Direct Appeal ·Criminal ·Closed
Docket DA 19-0648
Type Direct Appeal — Homicide-Attempted
Classification Criminal
Outcome Reversed
Lower court case BDC 17-135
Lower court judge Hon. Michael F. McMahon

Key dates

Closed Feb 10, 2022
Classified Aug 11, 2021
Appeal filed Nov 14, 2019
Record filed Dec 24, 2019
Briefing ended Jul 12, 2021
Opinion issued Feb 8, 2022
Briefing started Feb 14, 2020
Transcript filed Feb 14, 2020
Sent to the court Jul 15, 2021
Submitted for decision Jul 15, 2021
Appellant Reply Brief Filed Jul 12, 2021
Appellant Opening Brief Filed Jan 29, 2021
Appellee Response Brief Filed May 20, 2021

Calculated

from the docket dates
Appeal filed to briefing start 92
Briefing days 513
Briefing start to opening brief filed 350
Classified to Opinion 181
Close of briefing to sent to court 3
Filing date to Opinion 817
Filing date to closed 819
Opening to response 110
Opinion to closed 1
Response to reply 52
Sent to court to classified 26
Submitted for decision to Opinion 208

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Leo John Gallagher
Appellant
Andrew Pierce Lake
Represented by Nicholas Kirby Brooke

Opinion

State v. A. Lake, 2022 MT 28

Reversed on February 8, 2022, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 25, 2022 3:35 PM Record
Event - Case Closed Feb 10, 2022 2:44 PM Closing Notice
Record - DC Record Returned to District Court (Exhibits only) Feb 10, 2022 2:38 PM Record
Notice - Outgoing - Opinion Release Notice Issued Feb 10, 2022 2:30 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Feb 10, 2022 2:18 PM Closing Notice
Order - Immediately Issue Remittitur Feb 10, 2022 1:23 PM Order - Other
Motion - Unopposed - Immediately Issue Remittitur Feb 10, 2022 11:10 AM Motion
Opinion - Published - Justice Sandefur, reversed and remanded Feb 8, 2022 3:22 PM Opinion
Order - Classified - Five Justice Panel Aug 11, 2021 10:29 AM Classifying Notice
Event - Case Sent to Court Jul 15, 2021 2:03 PM Classifying Notice
Notice - Outgoing - Brief Filed (Appellant's Reply) Jul 12, 2021 3:55 PM Notice - Outgoing
Brief - Appellant Reply Jul 12, 2021 8:00 AM Appellant Reply Brief
Order - Appellant is given an extension of time until July 6, 2021, to prepare, file and serve the Appellant's reply brief. No further extensions will be granted Jun 7, 2021 5:05 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief Jun 7, 2021 9:58 AM Motion
Notice - Outgoing - Brief Filed - Appellee May 20, 2021 1:51 PM Notice - Outgoing
Brief - Appellee's Response May 20, 2021 10:01 AM Appellee Response Brief
Order - Appellee is granted an extension of time to and including May 29, 2021, within which to prepare, serve, and file its response brief Apr 27, 2021 5:36 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Apr 22, 2021 1:23 PM Motion
Order - Appellee is granted an extension of time to and including April 29, 2021, within which to prepare, serve, and file its response brief Mar 24, 2021 3:54 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Mar 23, 2021 3:12 PM Motion
Extension - Appellee is granted an extension of time to and including March 30, 2021, within which to prepare, serve, and file its response brief Feb 26, 2021 4:59 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Feb 26, 2021 3:45 PM Motion
Notice - Outgoing - Appellant's Brief Filed Feb 1, 2021 2:13 PM Notice - Outgoing
Brief - Appellant's Opening Jan 29, 2021 3:33 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including January 25, 2021, within which to prepare, file, and serve Appellant's opening brief Jan 19, 2021 4:13 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 19, 2021 9:35 AM Motion
Order - Grant - Extension of Time - Appellant is granted until January 14, 2021 to file the opening brief Dec 16, 2020 1:56 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Dec 16, 2020 8:07 AM Motion
Order - Appellant is given an extension of time until December 14, 2020 to prepare, file and serve the Appellant's opening brief Nov 16, 2020 5:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 16, 2020 11:47 AM Motion
Order - Grant - Extension of Time - Appellant is granted until November 14, 2020 to file the opening brief Oct 15, 2020 3:48 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 14, 2020 5:33 PM Motion
Order - Appellant is given an extension of time until October 14, 2020 to prepare, file and serve the Appellant's opening brief Sep 14, 2020 3:30 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 14, 2020 1:09 PM Motion
Order - Grant - Appellant has until September 14, 2020 to file Appellant's opening brief Aug 14, 2020 4:23 PM Order - Other
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 14, 2020 11:19 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/14/20 to file the opening brief Jul 14, 2020 3:04 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 14, 2020 11:09 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 7/14/20 to file the opening brief Jun 15, 2020 2:28 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 15, 2020 11:01 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 6/14/20 to file the opening brief May 14, 2020 3:54 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 14, 2020 2:34 PM Motion
Order - Appellant is given extension of time until May 14, 2020 to prepare, file and serve the opening brief Mar 12, 2020 9:11 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Brief requested 60 extension Mar 11, 2020 2:31 PM Motion
Notice - Incoming - Attorney Substitution - Nicholas K. Brooke for Appellant Feb 21, 2020 8:00 AM Notice - Incoming
Notice - Outgoing - Transcript Filed Feb 14, 2020 11:53 AM Transcript
Record - (3) volumes of electronically imaged Transcripts in Lewis & Clark County Cause No. BDC 2017-135 dated 3/21/18; 4/4/18; and 4/9-4/12/18 Filed Feb 14, 2020 10:28 AM Record
Notice - Outgoing -Electronic Transcript Filed, March 21, 2018 Pretrial Hearing and April 4, 2018 Motions Hearing Feb 13, 2020 8:31 AM Transcript
Record - Electronic Transcript Filed; Pretrial Hearing March 21, 2018, Motions Hearing April 4, 2018 Feb 13, 2020 8:00 AM Record
Notice - Outgoing - Transcript Filed Jan 24, 2020 9:41 AM Transcript
Electronic Transcript Filed of July 12, 2017 hearing Jan 24, 2020 9:32 AM Other
Order - Grant - Extension of Time - Court Reporter is granted until 2/12/20 to file the transcripts requested Jan 6, 2020 11:42 AM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Jan 3, 2020 3:04 PM Motion
Notice - Outgoing - District Court Record Filed Dec 24, 2019 3:52 PM Record
DC Record/Exhibits Filed for Cause No. BDC 2017-135 consisting of electronic documents 1-159 and Exhibits consisting of 1 3-ring binder and 1 manila envelope Dec 24, 2019 3:49 PM Other
Notice - Outgoing - Transcript Filed Dec 23, 2019 8:17 AM Transcript
Electronic Transcript Filed of January 31, 2018 Status Hearing Dec 23, 2019 8:00 AM Other
Notice - Outgoing - Transcript Filed Dec 17, 2019 12:53 PM Transcript
Electronic Transcript Filed of August 14, 2019 hearing Dec 17, 2019 12:25 PM Other
Copy of Notice - Incoming - Transcripts Deemed Necessary Nov 15, 2019 9:18 AM Other
Notice - Outgoing - Appeal Notice Nov 14, 2019 2:26 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Nov 14, 2019 2:20 PM Notice - Incoming