State v. W. Smith

DA 18-0187 ·Direct Appeal ·Criminal ·Closed
Docket DA 18-0187
Type Direct Appeal — Sexual Abuse of Children
Classification Criminal
Outcome Affirmed
Lower court case DC 16-136
Lower court judge Hon. Leslie Halligan

Key dates

Closed Jun 28, 2021
Classified Jan 19, 2021
Appeal filed Apr 9, 2018
Record filed May 30, 2018
Oral argument Feb 17, 2021
Briefing ended Nov 19, 2020
Opinion issued Jun 8, 2021
Briefing started May 30, 2018
Transcript filed May 24, 2018
Sent to the court Nov 19, 2020
Submitted for decision Feb 17, 2021
Appellant Reply Brief Filed Nov 19, 2020
Appellant Opening Brief Filed Dec 4, 2019
Appellee Response Brief Filed Oct 5, 2020

Calculated

from the docket dates
Appeal filed to briefing start 51
Briefing days 903
Briefing start to opening brief filed 553
Classified to Opinion 140
Close of briefing to sent to court 0
Filing date to Opinion 1,156
Filing date to closed 1,176
Opening to response 306
Opinion to closed 20
Oral argument to Opinion 111
Response to reply 44
Sent to court to classified 60
Sent to court to oral argument 89
Submitted for decision to Opinion 200

Tags

Affirmed Closed En Banc Opinion synopsis issued Oral Argument Published opinion

Parties

Appellee
State of Montana
Represented by Kirsten H. Pabst
Appellant
Wesley Smith
Represented by Deborah Susan Smith

Opinion

State v. W. Smith, 2021 MT 148

Affirmed on June 8, 2021, in a 7 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jul 23, 2021 11:56 AM Record
Record - DC Record Returned to District Court - exhibits only; remaining record was electronic Jun 28, 2021 4:03 PM Record
Event - Case Closed Jun 28, 2021 4:02 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 28, 2021 3:58 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 28, 2021 3:57 PM Closing Notice
Opinion - Synopsis of Opinion Jun 8, 2021 3:17 PM Synopsis
Opinion - Published - Justice Baker, affirmed Jun 8, 2021 3:15 PM Opinion
Event - Oral Argument Presented - Deborah Smith argued for the Appellant and Jonathan Krauss argued for the Appellee. The matter was taken under advisement at 10:44 a.m Feb 17, 2021 11:56 AM Event
Notice - Incoming - Jonathan Krauss, Oral Argument Acknowledgement Feb 9, 2021 2:08 PM Notice - Incoming
Notice - Incoming - Deborah Smith, Oral Argument acknowledgement Jan 28, 2021 11:18 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Jan 19, 2021 12:52 PM Notice - Outgoing
Order - Classified - oral argument before the Court sitting en banc and is hereby set for argument on Wednesday, February 17, 2021, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Mazurek Justice Building, Helena, Montana Jan 19, 2021 12:48 PM Classifying Notice
Event - Case Sent to Court Nov 19, 2020 4:21 PM Classifying Notice
Notice - Outgoing - Brief Filed (Appellant Reply) Nov 19, 2020 4:19 PM Notice - Outgoing
Brief - Appellant Reply Nov 18, 2020 6:41 PM Appellant Reply Brief
Order - Grant - Extension of Time - Appellant is granted until November 18, 2020 to file the reply brief; no further extensions will be granted Oct 16, 2020 4:21 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Oct 16, 2020 8:30 AM Motion
Brief - Appellee's Response Oct 5, 2020 1:53 PM Appellee Response Brief
Order - Appellee is granted an extension of time to and including October 4, 2020, within which to prepare, serve, and file its response brief. No further extensions will be granted Sep 8, 2020 5:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension, Appellee's Brief Sep 8, 2020 3:43 PM Motion
Order - Appellee is granted an extension of time to and including September 4, 2020, within which to prepare, serve, and file its response brief Jun 25, 2020 4:15 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Jun 25, 2020 1:17 PM Motion
Order - Appellee is granted an extension of time to and including July 6, 2020, within which to prepare, serve, and file its response brief Apr 28, 2020 4:07 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Apr 27, 2020 9:44 AM Motion
Order - Appellee is granted an extension of time to and including May 4, 2020, within which to prepare, serve, and file its response brief Feb 24, 2020 5:15 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 24, 2020 2:31 PM Motion
Order - Appellee is granted an extension of time to and including March 4, 2020, within which to prepare, serve, and file its response brief Jan 24, 2020 3:43 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief Jan 24, 2020 2:36 PM Motion
Extension - Appellee is granted an extension of time to and including February 3, 2020, within which to prepare, serve, and file its response brief Dec 27, 2019 12:05 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellee Response) Dec 27, 2019 11:41 AM Motion
Notice - Outgoing - Brief Filed Dec 5, 2019 9:27 AM Notice - Outgoing
Brief - Appellant's Opening Dec 4, 2019 11:14 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including November 27, 2019, within which to prepare, file, and serve Appellant's opening brief on appeal. No further extensions will be granted Nov 20, 2019 1:02 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Nov 19, 2019 3:47 PM Motion
Order - Appellant is granted an extension of time to and including November 12, 2019, within which to prepare, file, and serve Appellant's opening brief. No further extensions will be granted Oct 16, 2019 4:30 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 15, 2019 2:54 PM Motion
Order - Appellant is granted an extension of time to and including October 28, 2019, within which to prepare, file, and serve Appellant's opening brief Sep 19, 2019 1:20 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 19, 2019 8:57 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 9/26/19 to file the opening brief Aug 20, 2019 5:08 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Aug 20, 2019 1:35 PM Motion
Order - Appellant is granted an extension of time to and including August 27, 2019, within which to prepare, file, and serve Appellant's opening brief Jun 19, 2019 2:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jun 19, 2019 9:09 AM Motion
Order - Appellant is granted an extension of time to and including June 28, 2019, within which to prepare, file, and serve Appellant's opening brief Apr 23, 2019 12:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 22, 2019 8:34 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 4/29/19 to file the opening brief Feb 19, 2019 4:24 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Feb 19, 2019 2:04 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 2/26/19 to file the opening brief Dec 21, 2018 1:53 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Dec 21, 2018 9:18 AM Motion
Order - Grant - Extension of Time. Appellant is granted an extension of time to and including December 28, 2018, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 21, 2018 1:50 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Nov 20, 2018 1:40 PM Motion
Order - Grant - Appellant is granted an extension of time to and including November 28, 2018, within which to prepare, file, and serve Appellant's opening brief Oct 22, 2018 3:46 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 22, 2018 1:30 PM Motion
Order - Appellant is granted an extension of time to and including October 29, 2018, within which to prepare, file, and serve Appellant's opening brief Sep 24, 2018 12:46 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Sep 21, 2018 10:58 AM Motion
Order - Appellant is granted an extension of time to and including September 28, 2018, within which to prepare, file, and serve Appellant's opening brief Aug 22, 2018 4:45 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant's Brief) Aug 22, 2018 1:16 PM Motion
Order - Grant - Extension of Time - Appellant is granted until 8/29/18 to file the opening brief Jul 24, 2018 4:36 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jul 23, 2018 12:59 PM Motion
Extension - Appellant is given an extension of time until July 30, 2018, to prepare, file, and serve the Appellant's opening brief Jun 26, 2018 11:34 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellate Opening) Jun 26, 2018 9:08 AM Motion
Notice - Outgoing - Exhibits Filed May 30, 2018 12:22 PM Notice - Outgoing
Record - (1)envelope with (3) discs of Exhibits in Missoula County District Court DC 16-136 Filed May 30, 2018 12:19 PM Record
Notice - Outgoing - District Court Record Filed May 30, 2018 11:08 AM Record
Record - DC Record Filed - electronically transmitted documents 1-90 and exhibits May 30, 2018 11:07 AM Record
Notice - Outgoing - Transcript Filed May 24, 2018 2:39 PM Transcript
Electronic Transcripts Filed of 7/6/16; 11/30/16; 4/12/17; 4/26/17; 6/15/17; 6/16/17; 6/19/17; 6/20/17; 6/22/17; and 12/14/17 hearings May 24, 2018 2:07 PM Other
Notice - Outgoing - Appeal Notice Apr 9, 2018 11:34 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Apr 9, 2018 11:18 AM Notice - Incoming