State v. M. Newrobe, Sr

DA 19-0369 ·Direct Appeal ·Criminal ·Closed
Docket DA 19-0369
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Opinion issued dismissing the appeal
Lower court case ADC 16-575
Lower court judge Hon. Gregory G. Pinski

Key dates

Closed May 6, 2021
Classified Apr 7, 2021
Appeal filed Jun 26, 2019
Record filed Aug 6, 2019
Briefing ended Feb 17, 2021
Opinion issued May 4, 2021
Briefing started Aug 29, 2019
Transcript filed Aug 29, 2019
Sent to the court Feb 17, 2021
Submitted for decision Feb 17, 2021
Appellant Reply Brief Filed Feb 17, 2021
Appellant Opening Brief Filed Jul 28, 2020
Appellee Response Brief Filed Jan 11, 2021

Calculated

from the docket dates
Appeal filed to briefing start 64
Briefing days 537
Briefing start to opening brief filed 334
Classified to Opinion 27
Close of briefing to sent to court 0
Filing date to Opinion 678
Filing date to closed 680
Opening to response 166
Opinion to closed 1
Response to reply 36
Sent to court to classified 48
Submitted for decision to Opinion 76

Tags

Closed Five Justice Panel Opinion issued dismissing the appeal Published opinion

Parties

Appellee
State of Montana
Represented by Mardell Lynn Ployhar
Appellant
Malcolm Joseph Newrobe, Sr.
Represented by James Richard Reavis

Opinion

State v. M. Newrobe, Sr, 2021 MT 105

Opinion issued dismissing the appeal on May 4, 2021, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed May 10, 2021 4:09 PM Record
Record - DC Record Returned to District Court May 6, 2021 4:09 PM Record
Event - Case Closed May 6, 2021 10:23 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued May 6, 2021 9:29 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued May 6, 2021 8:54 AM Closing Notice
Order - Granting issuance of Immediate Remittitur May 5, 2021 4:40 PM Order - Other
Motion - Unopposed - Immediate remittitur May 5, 2021 8:20 AM Motion
Opinion - Published - Justice Laurie McKinnon, The Appellant's conviction for sexual intercourse without consent and bail jumping are DISMISSED with prejudice May 4, 2021 3:29 PM Opinion
Order - Classified - Five Justice Panel Apr 7, 2021 11:42 AM Classifying Notice
Event - Case Sent to Court Feb 17, 2021 2:47 PM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Feb 17, 2021 2:46 PM Notice - Outgoing
Brief - Appellant Reply Feb 17, 2021 12:10 PM Appellant Reply Brief
Order - Appellant is given an extension of time until February 24, 2021, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Jan 12, 2021 4:24 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant Reply Brief (First Request 30 Days) Jan 12, 2021 11:24 AM Motion
Notice - Outgoing - Appellee's Brief Filed Jan 12, 2021 8:07 AM Notice - Outgoing
Brief - Appellee's Response Jan 11, 2021 4:07 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including January 11, 2020, within which to prepare, serve, and file the State's response Nov 20, 2020 3:15 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Nov 19, 2020 3:53 PM Motion
Order - Appellee is granted an extension of time to and including November 27, 2020, within which to prepare, serve, and file its response brief Sep 21, 2020 4:07 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Sep 21, 2020 11:26 AM Motion
Extension - Appellee is granted an extension of time to and including September 28, 2020, within which to prepare, serve, and file its response brief Aug 21, 2020 10:26 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Aug 21, 2020 9:19 AM Motion
Notice - Outgoing - Brief Filed (Opening) Jul 29, 2020 9:13 AM Notice - Outgoing
Brief - Appellant's Opening Jul 28, 2020 4:21 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including July 30, 2020, within which to prepare, file, and serve opening brief Jun 24, 2020 4:09 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jun 23, 2020 8:31 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 6/30/20 to file the opening brief Apr 24, 2020 4:13 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 24, 2020 10:04 AM Motion
Order - Appellant is granted an extension of time to and including May 1, 2020, within which to prepare, file, and serve Appellant's opening brief Feb 19, 2020 3:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 19, 2020 2:24 PM Motion
Order - Appellant is granted an extension of time to and including March 2, 2020, within which to prepare, file, and serve Appellant's opening brief Dec 20, 2019 3:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 20, 2019 8:48 AM Motion
Extension - Grant of Extension - Appellant is given until 1/2/20 to file the opening brief Nov 22, 2019 9:25 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Nov 22, 2019 9:02 AM Motion
Notice - Incoming - Amended Notice of Appeal Filed (to include Joint Stipulation dated 10/28/19) Nov 1, 2019 9:59 AM Notice - Incoming
Notice - Outgoing - Additional District Court Documents Oct 31, 2019 3:27 PM Notice - Outgoing
Record - Additional DC Document 188 (Joint Stipulation) Filed Oct 31, 2019 3:21 PM Record
Notice - Outgoing - Exhibits Filed Sep 20, 2019 2:40 PM Notice - Outgoing
Record - Exhibits Filed consisting of one (1) white envelope Sep 20, 2019 2:39 PM Record
Notice - Outgoing - Transcript Filed Aug 29, 2019 4:18 PM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 1/9/19 and 1/10/19 hearings Aug 29, 2019 1:38 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - until 9/25/19 Aug 6, 2019 10:58 AM Ruling
Notice - Outgoing - District Court Record Filed Aug 6, 2019 10:48 AM Record
Record - DC Record Filed - 3 red file folders Aug 5, 2019 2:26 PM Record
Notice - Outgoing - Transcript Filed Jul 31, 2019 1:40 PM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 9/18/17, 6/6/18, 12/10/18 and 12/11/18 hearings Jul 30, 2019 3:56 PM Record
Notice - Outgoing - Transcript Filed Jun 27, 2019 4:10 PM Transcript
Record - Transcript Filed - electronically transmitted transcript of 12/12/18 hearing Jun 27, 2019 2:34 PM Record
Notice - Outgoing - Appeal Notice Jun 27, 2019 8:16 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jun 26, 2019 4:47 PM Notice - Incoming