State v. M. Payne

DA 19-0371 ·Direct Appeal ·Criminal ·Closed
Docket DA 19-0371
Type Direct Appeal — Bail Jumping
Classification Criminal
Outcome Affirmed
Lower court case DC 16-713
Lower court judge Hon. Donald L. Harris

Key dates

Closed Oct 21, 2021
Classified Aug 18, 2021
Appeal filed Jun 27, 2019
Record filed Sep 3, 2019
Briefing ended Jul 9, 2021
Opinion issued Oct 5, 2021
Briefing started Oct 10, 2019
Transcript filed Oct 10, 2019
Sent to the court Jul 9, 2021
Submitted for decision Jul 9, 2021
Appellant Reply Brief Filed Jul 9, 2021
Appellant Opening Brief Filed Nov 30, 2020
Appellee Response Brief Filed May 27, 2021

Calculated

from the docket dates
Appeal filed to briefing start 105
Briefing days 638
Briefing start to opening brief filed 416
Classified to Opinion 48
Close of briefing to sent to court 0
Filing date to Opinion 831
Filing date to closed 847
Opening to response 178
Opinion to closed 15
Response to reply 42
Sent to court to classified 39
Submitted for decision to Opinion 87

Tags

Affirmed Closed Five Justice Panel Published opinion Request for Out of Time Appeal Granted Request for out of time appeal filed

Parties

Appellee
State of Montana
Represented by Scott D. Twito
Appellant
Mickey Rodney Payne
Represented by Laura Marie Reed

Opinion

State v. M. Payne, 2021 MT 256

Affirmed on October 5, 2021, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Feb 3, 2022 1:50 PM Record
Record - DC Record submitted electronically. Exhibit record Returned to District Court Oct 29, 2021 1:57 PM Record
Event - Case Closed Oct 21, 2021 9:23 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Oct 21, 2021 9:21 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Oct 21, 2021 9:20 AM Closing Notice
Opinion - Published - Justice Jim Rice, Affirmed Oct 5, 2021 3:20 PM Opinion
Order - Classified - Five Justice Panel Aug 18, 2021 12:09 PM Classifying Notice
Event - Case Sent to Court Jul 9, 2021 3:37 PM Classifying Notice
Notice - Outgoing - Brief Filed - Appellant's Reply Jul 9, 2021 3:35 PM Notice - Outgoing
Brief - Appellant Reply Jul 9, 2021 1:08 PM Appellant Reply Brief
Order - Appellant has until July 10, 2021, within which to file the reply brief. No further extensions will be granted Jun 10, 2021 4:19 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief Jun 10, 2021 11:55 AM Motion
Notice - Outgoing - Brief Filed May 28, 2021 10:52 AM Notice - Outgoing
Brief - Appellee's Response May 27, 2021 5:45 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including May 27, 2021, within which to prepare, serve, and file its response brief Apr 20, 2021 4:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Apr 19, 2021 11:06 AM Motion
Order - Appellee is granted an extension of time to and including April 27, 2021, within which to prepare, serve, and file its response brief Mar 22, 2021 3:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Mar 19, 2021 5:52 PM Motion
Order - Appellee is granted an extension of time to and including March 28, 2021, within which to prepare, serve, and file its response brief Jan 21, 2021 2:42 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Jan 20, 2021 3:13 PM Motion
Extension - Appellee is granted an extension of time to and including January 27, 2021, within which to prepare, serve, and file its response brief Dec 29, 2020 4:12 PM Extension
Motion - Unopposed - Extension of Time - Appellee's Brief (First Request 30 Days) Dec 28, 2020 9:51 AM Motion
Notice - Outgoing - Brief Filed Dec 7, 2020 10:45 AM Notice - Outgoing
Brief - Appellant's Opening Nov 30, 2020 8:00 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including November 30, 2020, within which to prepare, file, and serve Appellant's opening brief Nov 16, 2020 5:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 16, 2020 11:46 AM Motion
Order - Appellant is granted an extension of time to and including November 15, 2020, within which to prepare, file, and serve Appellant's opening brief Oct 19, 2020 3:56 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 15, 2020 1:15 PM Motion
Order - Appellant is granted an extension of time to and including October 15, 2020, within which to prepare, file, and serve Appellant's opening brief Aug 18, 2020 4:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 17, 2020 5:40 PM Motion
Order - Appellant is granted an extension of time to and including August 15, 2020, within which to prepare, file, and serve Appellant's opening brief Jul 15, 2020 12:50 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 14, 2020 6:19 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 7/15/20 to file the opening brief Jun 15, 2020 2:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jun 15, 2020 10:29 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 6/15/20 to file the opening brief May 14, 2020 11:14 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) May 13, 2020 11:19 PM Motion
Order - Appellant is given an extension of time until May 15, 2020 to prepare, file, and serve the Appellant's opening brief Mar 30, 2020 2:03 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Mar 30, 2020 12:32 PM Motion
Notice - Incoming - Appearance - Laura Reed, Contract Counsel for Appellant Feb 26, 2020 11:51 AM Notice - Incoming
Order - Appellant is granted an extension of time to and including April 8, 2020, within which to prepare, file, and serve Appellant's opening brief Feb 25, 2020 10:42 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Feb 25, 2020 9:06 AM Motion
Order - Appellant is granted an extension of time to and including March 9, 2020, within which to prepare, file, and serve Appellant's opening brief Jan 30, 2020 2:08 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jan 30, 2020 8:10 AM Motion
Order - Appellant is granted an extension of time to and including February 7, 2020, within which to prepare, file, and serve Appellant's opening brief Dec 31, 2019 3:45 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 31, 2019 8:17 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 1/8/20 to file the opening brief Dec 2, 2019 1:30 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 2, 2019 9:11 AM Motion
Extension - Appellant is given an extension of time until December 9, 2019, to prepare, file, and serve the Appellant's opening brief Nov 6, 2019 1:46 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Nov 6, 2019 9:29 AM Motion
Notice - Outgoing - Transcript Filed Oct 10, 2019 8:21 AM Transcript
Record - Transcript Filed - August 29th 2018 Oct 9, 2019 9:20 PM Record
Notice - Outgoing - Exhibits Filed Sep 5, 2019 12:58 PM Notice - Outgoing
Record - Exhibits in Yellowstone County District Court Cause No. DC 16-0713 consisting of (1) manila envelope identified as ROA #29 Filed Sep 5, 2019 12:57 PM Record
Notice - Outgoing - District Court Record Filed Sep 3, 2019 2:35 PM Record
DC Record Filed for Cause No. DC 16-0713 consisting of electronic documents 1-53 Sep 3, 2019 2:32 PM Record
Notice - Outgoing - Transcript Filed Sep 3, 2019 2:10 PM Transcript
Record - Transcript Filed - electronically transmitted transcripts for 7/20/18, 8/13/18, 8/23/18, 2/12/19 and 3/20/19 as well as a declaration regarding 7/13/18 and 8/10/18 hearings Sep 3, 2019 1:26 PM Record
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - Jan Barry, until 10/24/19 Aug 28, 2019 11:34 AM Ruling
Notice - Outgoing - Transcript Filed Aug 26, 2019 9:27 AM Transcript
Record - Transcript Filed - electronically transmitted transcript of 5/1/18 hearing Aug 26, 2019 8:37 AM Record
Notice - Outgoing - Appeal Notice Jul 25, 2019 4:48 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jul 25, 2019 4:40 PM Notice - Incoming
Order - Petition for Out of Time Appeal is GRANTED. The OAD shall have 30 days to file a NOA and Request for transcripts Jul 2, 2019 9:21 AM Order - Other
Event - Sent to Court-Pleading Jun 27, 2019 1:13 PM Event
Petition - Out of Time Appeal Jun 27, 2019 12:44 PM Petition