State v. D. Gibson

DA 21-0196 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0196
Type Direct Appeal — Assault
Classification Criminal
Outcome Affirmed
Lower court case DC 19-69
Lower court judge Hon. Kurt Krueger

Key dates

Closed Jun 30, 2023
Classified Mar 29, 2023
Appeal filed Apr 29, 2021
Record filed Jun 2, 2021
Briefing ended Jan 30, 2023
Opinion issued Jun 13, 2023
Briefing started Jun 2, 2021
Transcript filed May 6, 2021
Sent to the court Jan 30, 2023
Submitted for decision Jan 30, 2023
Appellant Reply Brief Filed Jan 30, 2023
Appellant Opening Brief Filed Aug 10, 2022
Appellee Response Brief Filed Dec 15, 2022

Calculated

from the docket dates
Appeal filed to briefing start 34
Briefing days 606
Briefing start to opening brief filed 433
Classified to Opinion 76
Close of briefing to sent to court 0
Filing date to Opinion 775
Filing date to closed 792
Opening to response 127
Opinion to closed 16
Response to reply 46
Sent to court to classified 57
Submitted for decision to Opinion 133

Tags

Affirmed Closed En Banc Published opinion

Parties

Appellee
State of Montana
Represented by Michael Patrick Dougherty
Appellant
Dane Anthony Gibson
Represented by Chad M. Wright

Opinion

State v. D. Gibson, 2023 MT 109

Affirmed on June 13, 2023, in a 4 to 3 published opinion.

Events

most recent first
Event - Case Closed - electronic record Jun 30, 2023 8:58 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 30, 2023 8:49 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 30, 2023 8:49 AM Closing Notice
Opinion - Published - Justice Baker, Affirmed Jun 13, 2023 3:08 PM Opinion
Order - Classified - En Banc Mar 29, 2023 11:21 AM Classifying Notice
Event - Case Sent to Court Jan 30, 2023 3:47 PM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant Reply Jan 30, 2023 3:46 PM Notice - Outgoing
Brief - Appellant Reply Jan 30, 2023 1:54 PM Appellant Reply Brief
Order - Appellant is given an extension of time until January 30, 2023, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Jan 3, 2023 8:00 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Dec 30, 2022 8:33 AM Motion
Notice - Outgoing - Appellee's Brief Filed Dec 16, 2022 10:05 AM Notice - Outgoing
Brief - Appellee's Response Dec 15, 2022 1:27 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including January 8, 2023, within which to prepare, serve, and file its response brief Dec 1, 2022 1:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Dec 1, 2022 10:59 AM Motion
Order - Appellee is granted an extension of time to and including December 9, 2022, within which to prepare, serve, and file its response brief Nov 2, 2022 4:14 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Nov 2, 2022 9:17 AM Motion
Order - Appellee is granted an extension of time to and including November 9, 2022, within which to prepare, serve, and file its response brief Oct 3, 2022 2:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Oct 3, 2022 11:55 AM Motion
Extension - Grant of Extension - Appellee's motion for a 30-day extension of time, and good cause appearing therefor, Appellee is granted an extension of time to and including October 9, 2022 Sep 9, 2022 11:19 AM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Sep 9, 2022 9:53 AM Motion
Notice - Outgoing - Appellant's Brief Filed Aug 10, 2022 2:14 PM Notice - Outgoing
Brief - Appellant's Opening Aug 10, 2022 1:18 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including August 4, 2022, within which to prepare, file, and serve Appellant's opening brief Jun 29, 2022 10:17 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 28, 2022 9:23 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 5, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal May 27, 2022 12:34 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief May 27, 2022 8:56 AM Motion
Order - Appellant is granted an extension of time to and including June 3, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Apr 27, 2022 11:15 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 27, 2022 10:19 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including May 4, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 29, 2022 11:41 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 29, 2022 9:29 AM Motion
Order - Grant - Extension of Time - Appellant is granted until April 4, 2022 to file the opening brief Feb 25, 2022 3:57 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 25, 2022 11:02 AM Motion
Order - Grant - Extension of Time: Appellant is granted an extension of time to and including March 4, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 26, 2022 1:57 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension: Appellate Defender for the Appellate Defender Division (ADD), and respectfully requests an extension of time until March 4, 2022, in which to prepare, file, and serve the Appellant's opening brief Jan 26, 2022 12:01 PM Motion
Order - Grant - Extension of Time Appellant is granted an extension of time to and including February 2, 2022, Dec 17, 2021 12:13 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 17, 2021 8:44 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 2, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Dec 2, 2021 1:53 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 2, 2021 11:14 AM Motion
Order - Appellant is granted an extension of time to and including December 3, 2021, within which to prepare, file, and serve Appellant's opening brief Oct 28, 2021 1:17 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Oct 28, 2021 12:04 PM Motion
Order - Grant - Extension of Time - Appellant is granted until November 3, 2021 to file the opening brief Sep 29, 2021 4:54 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (FOURTH REQUEST): Appellate Defender Division requests an extension of time until November 3, 2021, in which to prepare, file, and serve the opening brief Sep 29, 2021 12:58 PM Motion
Order - Appellant is granted an extension of time to and including October 4, 2021, within which to prepare, file, and serve Appellant's opening brief Aug 30, 2021 11:07 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 30, 2021 8:00 AM Motion
Order - Appellant is granted an extension of time to and including September 2, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 10, 2021 5:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Aug 9, 2021 8:20 PM Motion
Extension - Appellant is given an extension of time until August 2, 2021, to prepare, file, and serve the Appellant's opening brief Jul 1, 2021 8:10 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Opening Brief) Jul 1, 2021 8:00 AM Motion
Notice - Outgoing - District Court Record Filed Jun 2, 2021 2:36 PM Record
Record - DC Record Filed - electronically transmitted documents 1-94; State's Confidential Exhibits; confidential PSI Jun 2, 2021 2:28 PM Record
Notice - Outgoing - Transcript Filed May 6, 2021 11:21 AM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 3/28/19, 4/25/19, 10/14/20, 12/15/20 and 2/17/21 hearings May 6, 2021 11:04 AM Record
Notice - Outgoing - Transcript Filed May 5, 2021 8:41 AM Transcript
Record - (1) electronically imaged Transcript in Butte Silver-Bow County District Court Cause No. DC 19-69 dated December 11, 2019 Filed May 5, 2021 8:00 AM Record
Notice - Incoming - Transcripts Deemed Necessary Apr 29, 2021 1:19 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Apr 29, 2021 10:18 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Apr 29, 2021 9:33 AM Notice - Incoming