State v. J. Rodriguez

DA 24-0759 ·Direct Appeal ·Criminal ·Open
Docket DA 24-0759
Type Direct Appeal — Burglary
Classification Criminal
Outcome Affirmed
Lower court case CDC-09-420
Lower court judge Hon. John A. Kutzman

Key dates

Appeal filed Dec 30, 2024
Transcript filed Jan 7, 2025
Record filed Feb 4, 2025
Briefing started Feb 4, 2025
Appellant Opening Brief Filed Feb 6, 2026
Appellee Response Brief Filed Mar 6, 2026
Appellant Reply Brief Filed Mar 13, 2026
Briefing ended Mar 13, 2026
Sent to the court Mar 13, 2026
Submitted for decision Mar 13, 2026
Classified Jun 3, 2026
Rehearing requested Aug 10, 2026
Opinion issued Aug 10, 2026
Rehearing granted Aug 10, 2026

Calculated

from the docket dates
Appeal filed to briefing start 36
Briefing days 401
Briefing start to opening brief filed 366
Classified to Opinion 68
Close of briefing to sent to court 0
Days since filed 610
Filing date to Opinion 588
Opening to response 28
Response to reply 7
Sent to court to classified 81
Submitted for decision to Opinion 149

Tags

Affirmed Five Justice Panel Non-cite opinion Open Rehearing granted Rehearing requested

Parties

Appellee
State of Montana
Represented by Austin Miles Knudsen Joshua A. Racki Thad Nathan Tudor
Appellant
Juan Anastasio Rodriguez
Represented by Tammy Ann Hinderman Kenneth Britton Cotter

Opinion

State v. J. Rodriguez, 2026 MT 172N

Affirmed on July 28, 2026, in a 5 to 0 non-cite opinion.

Events

most recent first
Order - Appellant Juan Anastasio Rodriguez shall have until November 24, 2026, to file a pro se petition for rehearing Aug 27, 2026 12:05 PM Order - Petition for Rehearing Other
Motion - Unopposed - Extension of Time - Appellant's Motion for Extension of Time to File a Pro Se Petition for Rehearing Aug 21, 2026 1:25 PM Motion
Call received from Appellant indicating he is unable to physically file a Motion for Extension and needs one until his hand heals enough to write. Advised attorney Cotter by email Aug 12, 2026 11:54 AM Other
Order - IT IS HEREBY ORDERED that the Motion is GRANTED. Appellant Juan Anastasio Rodriguez shall have until August 26, 2026, to file a pro se petition for rehearing Aug 10, 2026 1:26 PM Granting Rehearing
Motion - Extension of Time - Pro Se Brief submission for Rehearing Aug 10, 2026 8:00 AM Motion
Opinion - Noncite/Memorandum - Justice McKinnon - AFFIRMED Jul 28, 2026 3:49 PM Opinion
Order - Classified - Five Justice Panel Jun 3, 2026 12:24 PM Classifying Notice
Event - Case Sent to Court Mar 13, 2026 2:20 PM Classifying Notice
Notice - Outgoing - Brief Filed Mar 13, 2026 2:18 PM Notice - Outgoing
Brief - Appellant Reply Mar 13, 2026 11:50 AM Appellant Reply Brief
Notice - Outgoing - Brief Filed Mar 6, 2026 12:12 PM Notice - Outgoing
Brief - Appellee's Response - unredacted Mar 6, 2026 9:30 AM Appellee Response Brief
Brief - Appellee's Response - redacted Mar 6, 2026 9:23 AM Appellee Response Brief
Notice - Outgoing - Brief Filed Feb 9, 2026 8:09 AM Notice - Outgoing
Brief - Appellant's Opening Feb 6, 2026 9:18 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including March 4, 2026, within which to prepare, file, and serve his opening brief Dec 22, 2025 3:19 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief Dec 22, 2025 2:56 PM Motion
Order - Appellant is granted an extension of time to and including January 4, 2026, within which to prepare, file, and serve his opening brief Oct 16, 2025 11:35 AM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief Oct 16, 2025 10:36 AM Motion
Notice - Incoming - Appearance - Contract Counsel - Britt Cotter for the Appellant Oct 3, 2025 10:40 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including November 4, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 25, 2025 10:27 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Aug 25, 2025 9:32 AM Motion
Order - Appellant is given an extension of time to and including September 5, 2025, within which to prepare, file, and serve Appellant's opening brief Jun 30, 2025 2:35 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant Opening Jun 30, 2025 2:15 PM Motion
Order - Appellant is granted an extension of time to and including July 7, 2025, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 25, 2025 10:11 AM Order - Extension
Motion - Unopposed - Appellant's Motion for an Extension of Time (120 days) Brief Feb 24, 2025 1:33 PM Motion
Notice - Outgoing - District Court Record Filed Feb 4, 2025 12:50 PM Record
Record - Electronic DC Record Filed for Cause No. CDC 2009-0420 consisting of documents 1 thru 276 and the case register Feb 4, 2025 12:49 PM Record
Notice - Outgoing - Transcript Filed Jan 7, 2025 3:25 PM Transcript
Record - Electronic Transcript Filed for cause No. DC-09-420 of 10/24/2024 hearing Jan 7, 2025 3:19 PM Record
Notice - Incoming - Transcripts Deemed Necessary Dec 31, 2024 11:58 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Dec 30, 2024 1:57 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Dec 30, 2024 12:58 PM Notice - Incoming