State v. Weisbarth

DA 14-0696 ·Direct Appeal ·Criminal ·Closed
Docket DA 14-0696
Type Direct Appeal — Incest
Classification Criminal
Outcome Reversed
Lower court case CDC 13-062
Lower court judge Hon. John A. Kutzman

Key dates

Closed Sep 13, 2016
Classified May 11, 2016
Appeal filed Oct 27, 2014
Record filed Nov 28, 2014
Briefing ended Mar 30, 2016
Opinion issued Aug 24, 2016
Briefing started Dec 8, 2014
Transcript filed Dec 8, 2014
Sent to the court Mar 31, 2016
Submitted for decision Mar 31, 2016
Appellant Reply Brief Filed Mar 30, 2016
Appellant Opening Brief Filed Jun 30, 2015
Appellee Response Brief Filed Nov 20, 2015

Calculated

from the docket dates
Appeal filed to briefing start 42
Briefing days 477
Briefing start to opening brief filed 203
Classified to Opinion 105
Close of briefing to sent to court 0
Filing date to Opinion 667
Filing date to closed 687
Opening to response 143
Opinion to closed 19
Response to reply 131
Sent to court to classified 40
Submitted for decision to Opinion 145

Tags

Closed Five Justice Panel Published opinion Reversed

Parties

Appellee
State of Montana
Represented by Timothy Charles Fox
Appellant
David Thomas Weisbarth, II
Represented by Jennifer Ann Hurley

Opinion

State v. Weisbarth, 2016 MT 214

Reversed on August 24, 2016, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Sep 16, 2016 4:03 PM Record
Event - Case Closed Sep 13, 2016 8:49 AM Closing Notice
Record - DC Record Returned to District Court Sep 13, 2016 8:48 AM Record
Notice - Outgoing - Remittitur Issued Sep 13, 2016 8:43 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Sep 13, 2016 8:41 AM Notice - Outgoing
Opinion - Published - Justice McKinnon, reversed and remanded for new trial Aug 24, 2016 11:21 AM Opinion
Order - Classified - Five Justice Panel May 11, 2016 9:52 AM Classifying Notice
Event - Case Sent to Court Mar 31, 2016 11:34 AM Classifying Notice
Notice - Outgoing - Brief Filed Mar 31, 2016 11:32 AM Notice - Outgoing
Brief - Appellant Reply Mar 30, 2016 1:36 PM Appellant Reply Brief
Order - Appellant's motion is GRANTED. In accordance with Mont. R. App. P. 10(7)(a), the Clerk is directed to file the Reply Brief of Appellant under seal without redaction Mar 28, 2016 1:50 PM Order - Other
Motion - Unopposed - Seal - Appellant's Reply Brief Mar 28, 2016 10:06 AM Motion
Order - Appellant is granted an extension of time to and including April 4, 2016, within which to prepare, file, and serve his reply brief Feb 24, 2016 9:19 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Reply Brief Feb 23, 2016 1:59 PM Motion
Order - Appellant is granted an extension of time to and including March 3, 2016, within which to prepare, file, and serve his reply brief on appeal Jan 25, 2016 12:08 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Reply) Jan 25, 2016 11:39 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/2/16 to file the reply brief Dec 23, 2015 1:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Reply Brief Dec 23, 2015 12:57 PM Motion
Extension - Appellant is given an extension of time until January 3, 2016, to prepare, file, and serve the reply brief Nov 24, 2015 2:59 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Reply) Nov 24, 2015 9:11 AM Motion
Notice - Outgoing - Brief Filed Nov 23, 2015 9:33 AM Notice - Outgoing
Brief - Appellee's Response Nov 20, 2015 12:07 PM Appellee Response Brief
Order - Appellee is granted leave to file its brief under seal Nov 13, 2015 2:25 PM Order - Other
Motion - Unopposed - Seal Nov 12, 2015 2:26 PM Motion
Order - Appellee is granted an extension of time to and including November 30, 2015 within which to prepare, serve, and file its response brief Oct 26, 2015 9:43 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Oct 23, 2015 10:12 AM Motion
Order - Appellee is granted an extension of time to and including October 30, 2015, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 24, 2015 11:19 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Sep 23, 2015 2:32 PM Motion
Order - Grant - Extension of Time - Appellee is granted until 9/30/15 to file the State's Brief Aug 25, 2015 9:25 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellee Response) Aug 24, 2015 4:51 PM Motion
Extension - Grant of Extension - Appellee is given until 8/31/15 to file the State's Brief Jul 24, 2015 3:58 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Jul 24, 2015 12:04 PM Motion
Notice - Outgoing - Brief Filed Jul 1, 2015 10:49 AM Notice - Outgoing
Brief - Appellant's Opening Jun 30, 2015 11:09 AM Appellant Opening Brief
Order - Appellant's motion is GRANTED. In accordance with Mont. R. App. P. 10(7)(a), the Clerk is directed to file the Brief of Appellant under seal without redaction Jun 29, 2015 3:20 PM Order - Other
Motion - Unopposed - Seal to Appellant's Brief Jun 29, 2015 9:09 AM Motion
Order - Appellant is granted an extension of time to and including July 8, 2015, within which to prepare, file, and serve his opening brief Jun 2, 2015 2:48 PM Order - Extension
Motion - Unopposed - Appellant Motion and Affidavit for Second or Subsequent Extension to file opening brief Jun 1, 2015 11:04 AM Motion
Order - Appellant is granted an extension of time to and including June 8, 2015, within which to prepare, file, and serve its opening brief on appeal Apr 30, 2015 11:24 AM Order - Extension
Motion - Unopposed - Appellant Motion and Affidavit for Second or Subsequent Extension to file opening brief Apr 30, 2015 10:52 AM Motion
Order - Appellant is granted an extension of time to and including May 8, 2015, within which to prepare, file, and serve his opening brief Apr 2, 2015 11:35 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 1, 2015 2:34 PM Motion
Order - Grant - Extension of Time - Appellant is granted until April 8, 2015 to file the opening brief Mar 2, 2015 2:39 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant) Mar 2, 2015 10:37 AM Motion
Notice - Outgoing - Exhibits Filed Feb 20, 2015 10:02 AM Notice - Outgoing
Record - Exhibits Filed - 1 envelope w/ exhibits 1, 2A-2I, 3, 4 and 5 Feb 20, 2015 10:00 AM Record
Notice - Incoming - Appearance - Jennifer Hurley for Appellant Feb 9, 2015 3:41 PM Notice - Incoming
Order - Appellant is granted an extension of time to and including March 9, 2015, within which to prepare, file, and serve its opening brief Feb 2, 2015 1:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 30, 2015 3:14 PM Motion
Extension - Appellant is given an extension of time until February 6, 2015, to prepare, file, and serve the Appellant's opening brief Jan 5, 2015 9:51 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Dec 31, 2014 3:28 PM Motion
Notice - Outgoing - Transcript Filed Dec 8, 2014 1:58 PM Transcript
Record - condensed Transcript w/DVD of hearings of February 18, 2014; April 4, 2014; May 13, 2014; and Jury Trial of May 19-21, 2014; and Sentencing of September 2, 2014 Dec 8, 2014 1:49 PM Record
Notice - Outgoing - District Court Record Filed Nov 28, 2014 10:43 AM Record
Record - DC Record Filed - 4 red file folders Nov 28, 2014 10:34 AM Record
Notice - Outgoing - Appeal Notice Oct 27, 2014 10:27 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Oct 24, 2014 10:27 AM Notice - Incoming