State v. S. Bennett

DA 21-0551 ·Direct Appeal ·Criminal ·Closed
Docket DA 21-0551
Type Direct Appeal — Endangerment-Criminal
Classification Criminal
Outcome Affirmed
Lower court case DC-20-312
Lower court judge Hon. Robert L. Deschamps

Key dates

Closed Jun 18, 2024
Classified Feb 28, 2024
Appeal filed Nov 3, 2021
Record filed Dec 13, 2021
Briefing ended Jan 3, 2024
Opinion issued Apr 2, 2024
Briefing started Dec 12, 2022
Rehearing denied Jun 18, 2024
Transcript filed Dec 12, 2022
Sent to the court Jan 3, 2024
Rehearing requested Apr 15, 2024
Submitted for decision Jan 3, 2024
Appellant Reply Brief Filed Jan 3, 2024
Appellant Opening Brief Filed Jun 28, 2023
Appellee Response Brief Filed Nov 22, 2023

Calculated

from the docket dates
Appeal filed to briefing start 404
Briefing days 387
Briefing start to opening brief filed 198
Classified to Opinion 34
Close of briefing to sent to court 0
Filing date to Opinion 881
Filing date to closed 958
Opening to response 146
Opinion to closed 77
Response to reply 41
Sent to court to classified 55
Submitted for decision to Opinion 90

Tags

Affirmed Closed Five Justice Panel Non-cite opinion Rehearing denied Rehearing requested

Parties

Appellee
State of Montana
Represented by Matthew C. Jennings
Appellant
Stephen Ross Bennett
Represented by Pro Se

Opinion

State v. S. Bennett, 2024 MT 70N

Affirmed on April 2, 2024, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed - Electronic Record Jun 18, 2024 4:43 PM Closing Notice
Notice - Outgoing - Remittitur Issued Jun 18, 2024 4:37 PM Closing Notice
Record - DC Exhibits only Returned to District Court Jun 18, 2024 4:37 PM Record
Order - Deny-Petition for Rehearing Jun 18, 2024 4:28 PM Order - Petition for Rehearing Denied
Event - Sent to Court-Pleading Jun 4, 2024 9:50 AM Event
Response/Objection - Rehearing Jun 4, 2024 9:47 AM Response
Petition - Rehearing - Held for Response May 21, 2024 1:36 PM Petition
GRANT - Appellant is given an extension of time until May 24, 2024, to prepare, file, and serve the petition for rehearing. No further extensions will be granted May 21, 2024 12:36 PM Other
Motion - Extension of Time - Petition for Rehearing - 3 Day Request May 20, 2024 3:40 PM Motion
Order - Grant - Extension of Time - IT IS ORDERED that Bennett's motion for extension of time to file his petition for rehearing is GRANTED and that Bennett shall prepare, file, and serve his petition on or before Monday, May 20, 2024. No further extensions will be granted Apr 17, 2024 4:16 PM Order - Extension
Motion - Extension of Time - Other - Petition for Rehearing (sent to Court) Apr 16, 2024 3:14 PM Motion
Order - IT IS HEREBY ORDERED that Counsel's motion to withdraw as counsel of record is GRANTED. Appellant may file his petition for rehearing pro se Apr 15, 2024 10:55 AM Order - Petition for Rehearing Granted
Motion - Unopposed - Withdrawal of Counsel - Kristina Neal Apr 12, 2024 8:37 AM Motion
Opinion - Noncite/Memorandum - Justice Rice - Affirmed Apr 2, 2024 3:26 PM Opinion
Order - Classified - Five Justice Panel Feb 28, 2024 10:12 AM Classifying Notice
Event - Case Sent to Court Jan 3, 2024 1:15 PM Classifying Notice
Notice - Outgoing - Brief Filed Jan 3, 2024 1:09 PM Notice - Outgoing
Brief - Appellant Reply Jan 3, 2024 10:43 AM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is given an extension of time until January 5, 2024, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Dec 6, 2023 11:59 AM Order - Extension
Motion - Unopposed - Appellant's Motion for an Extension of Time to File REPLY Brief Dec 6, 2023 9:18 AM Motion
Notice - Outgoing - Appellee's Response Brief Filed Nov 22, 2023 2:48 PM Notice - Outgoing
Brief - Appellee's Response Nov 22, 2023 11:56 AM Appellee Response Brief
Order - Grant - Appellee is granted an extension of time to and including November 27, 2023, within which to prepare, file, and serve the State's Response brief Oct 17, 2023 12:51 PM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension of Time to File Response Brief Oct 17, 2023 8:54 AM Motion
Order - Grant - Extension of Time - Appellee is granted an extension to October 26, 2023, to prepare, file, and serve the State's response brief Sep 18, 2023 11:11 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Sep 18, 2023 8:21 AM Motion
Order - Grant - Extension of Time - Appellee is granted an extension of time to and including September 26, 2023, within which to prepare, file, and serve the State's response brief Aug 15, 2023 10:48 AM Order - Extension
Motion - Unopposed - Appellee's Motion and Affidavit for Second or Subsequent Extension Aug 15, 2023 10:37 AM Motion
Extension - Grant of Extension - Appellee is granted an extension of time to August 27, 2023, to prepare, serve, and file the State's response brief Jul 25, 2023 1:10 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Jul 25, 2023 8:33 AM Motion
Notice - Outgoing - Appellant's Brief Filed Jun 29, 2023 9:09 AM Notice - Outgoing
Brief - Appellant's Opening Jun 28, 2023 3:55 PM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including July 14, 2023, within which to prepare, file, and serve Appellant's opening brief May 8, 2023 10:54 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 8, 2023 8:40 AM Motion
Order - Appellant is granted an extension of time to and including May 15, 2023, within which to prepare, file, and serve Appellant's opening brief Mar 8, 2023 10:35 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 8, 2023 8:43 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 3/15/23 to file the opening brief, Feb 6, 2023 11:19 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Feb 6, 2023 10:04 AM Motion
Order - Appellant is granted an extension of time to and including February 13, 2023, within which to prepare, file, and serve Appellant's opening brief Jan 3, 2023 1:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 3, 2023 10:02 AM Motion
Notice - Outgoing - Transcript Filed - Transcript of Proceeding: TUESDAY, SEPTEMBER 7, 2021 Dec 12, 2022 10:38 AM Transcript
Record - Transcript Filed - Transcript of Proceeding: TUESDAY, SEPTEMBER 7, 2021 Dec 12, 2022 10:32 AM Record
Order - Appellant is granted an extension of time to and including January 13, 2023, within which to prepare, file, and serve Appellant's opening brief Dec 6, 2022 9:50 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 5, 2022 5:33 PM Motion
Order - Motion to Supplement the Record is GRANTED. Upon receipt from Court Reporter Stephanie Morrow the transcript of the district court's September 7, 2021 hearing shall be filed in this cause Nov 29, 2022 3:39 PM Order - Other
Motion - Unopposed - Supplement the Record Nov 29, 2022 1:32 PM Motion
Order - Appellant is granted an extension of time to and including December 14, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 2, 2022 12:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 2, 2022 10:56 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including November 14, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 5, 2022 3:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Oct 5, 2022 1:23 PM Motion
Order - Grant - Extension of Time - Appellant is granted until October 12, 2022 to file the opening brief Sep 1, 2022 4:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 31, 2022 1:50 PM Motion
Order - Grant - Extension of Time - Appellant is granted until September 12, 2022 to file the opening brief Aug 4, 2022 12:51 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Aug 4, 2022 9:08 AM Motion
Order - Appellant is granted an extension of time to and including August 11, 2022, within which to prepare, file, and serve Appellant's opening brief Jul 7, 2022 10:09 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jul 6, 2022 12:35 PM Motion
Extension - Grant of Extension - Appellant is given until July 11, 2022 to file the opening brief Jun 10, 2022 9:18 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Jun 9, 2022 2:10 PM Motion
Notice - Outgoing - Transcript Filed May 10, 2022 11:44 AM Transcript
Electronic Transcript Filed of February 9, 2021; February 18, 2021; April 6; April 19-22, 2021; and August 10, 2021 hearings May 10, 2022 10:58 AM Other
Notice - Outgoing - Transcript Filed May 10, 2022 9:10 AM Transcript
Record - (1) volume electronically imaged transcript in Missoula County District Court Cause No. DC-20-312 dated February 9, 2021, April 20, 2021, February 18, 2021, April 21, 2021, April 6, 2021, August 10, 2021, and April 19, 2021 Filed May 9, 2022 6:11 PM Record
Order - Court Reporter Stephanie A. Morrow is granted an extension of time to and including May 2, 2022, within which to prepare, file, and serve the transcripts Mar 14, 2022 4:10 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Mar 14, 2022 4:00 PM Motion
Order - Grant - Extension of Time - Court Reporter Stephanie A. Morrow is granted until 3/13/22 to file the requested transcripts Jan 24, 2022 12:18 PM Order - Extension
Motion - Unopposed - Extension of Time - Prepare Transcript Jan 24, 2022 9:54 AM Motion
Notice - Outgoing - Exhibits Filed Dec 15, 2021 2:16 PM Notice - Outgoing
Record - Exhibits Filed consisting of 13 Disks Dec 15, 2021 2:16 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript until January 22, 2022 Dec 15, 2021 8:18 AM Ruling
Notice - Outgoing - District Court Record Filed Dec 13, 2021 2:51 PM Record
DC Record Filed for Cause No. DC-20-312 consisting of electronic documents 1-67; electronic Exhibits; electronic confidential documents; and Case Register Report Dec 13, 2021 2:49 PM Record
Notice - Outgoing - Transcript Filed Nov 24, 2021 2:11 PM Transcript
Record - condensed Transcript w/DVD Filed of July 6, 2021 hearing Nov 24, 2021 2:10 PM Record
Notice - Incoming - Transcripts Deemed Necessary Nov 3, 2021 4:23 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Nov 3, 2021 11:35 AM Notice - Outgoing
Notice of Appeal Filed Nov 3, 2021 10:40 AM Notice