State v. Vaughn James

DA 09-0280 ·Direct Appeal ·Criminal ·Closed
Docket DA 09-0280
Type Direct Appeal — Endangerment-Criminal
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC 07-131
Lower court judge Hon. Deborah K. Christopher

Key dates

Closed Aug 26, 2010
Classified Mar 3, 2010
Appeal filed May 11, 2009
Record filed Jul 8, 2009
Oral argument Apr 30, 2010
Briefing ended Jan 21, 2010
Opinion issued Aug 10, 2010
Briefing started Jul 8, 2009
Transcript filed Jun 11, 2009
Sent to the court Jan 25, 2010
Submitted for decision Apr 30, 2010
Appellant Reply Brief Filed Jan 21, 2010
Appellant Opening Brief Filed Oct 8, 2009
Appellee Response Brief Filed Mar 3, 2010

Calculated

from the docket dates
Appeal filed to briefing start 58
Briefing days 197
Briefing start to opening brief filed 92
Classified to Opinion 159
Close of briefing to sent to court 4
Filing date to Opinion 456
Filing date to closed 472
Opening to response 145
Opinion to closed 15
Oral argument to Opinion 102
Response to reply 41
Sent to court to classified 37
Sent to court to oral argument 94
Submitted for decision to Opinion 197

Tags

Affirmed in part, reversed in part Closed En Banc Oral Argument Published opinion

Parties

Appellee
State of Montana
Represented by Tammy K Plubell
Appellant
Vaughn D. James
Represented by Joslyn M. Hunt

Opinion

State v. Vaughn James, 2010 MT 175

Affirmed in part, reversed in part on August 10, 2010, in a 0 to 0 published opinion.

Events

most recent first
Event - Case Closed Aug 26, 2010 10:48 AM Closing Notice
Record - DC Record Returned to District Court Aug 26, 2010 10:48 AM Record
Notice - Outgoing - Remittitur Issued Aug 26, 2010 10:36 AM Closing Notice
Opinion - Published - McGrath, affirmed in part and reversed in part and remanded Aug 10, 2010 3:31 PM Opinion
Event - Oral Argument Presented by Eileen A. Larkin for the appellant and Tammy Plubell for the appellee. The matter was taken under advisement at 11:13 a. m Apr 30, 2010 11:34 AM Event
Notice - Outgoing - Oral Argument Scheduled Mar 3, 2010 4:14 PM Notice - Outgoing
Order - Classified - Oral Argument en banc and is hereby set for argument on Friday, April 30, 2010, at 10:30 AM, at the Mother Lode Theater in Butte, MT, with introduction beginning at 10:00 AM. Oral argument times shall be 40 min. for Appellant and 30 min. for Appellee Mar 3, 2010 3:44 PM Classifying Notice
Brief - Appellee (Supplemental per 02/11/10 Order of the Court) copies sent to the Court 4/27/10) Mar 3, 2010 1:17 PM Appellee Response Brief
Order - the State's motion to strike is DENIED. James' motion for leave to file a supplemental reply brief is DENIED Mar 3, 2010 9:14 AM Order - Other
Notice - Incoming - Errata. copies to Court Feb 22, 2010 1:20 PM Notice - Incoming
Response/Objection -to Motion to Strike and Motion for Leave to file Supplemental Reply. copies to Court Feb 16, 2010 2:58 PM Response
Event - Sent to Court-Pleading; Motion to strike Feb 16, 2010 2:49 PM Event
Order - Appellee is granted 20 days to file a supplemental brief addressing the argument discussed by Appellant in pages 2-5 of this reply brief Feb 11, 2010 1:50 PM Order - Other
Motion - Opposed - to Strike Issue raised for first time in Reply Brief. holding for objection Feb 3, 2010 4:21 PM Motion
Event - Case Sent to Court Jan 25, 2010 1:17 PM Classifying Notice
Brief - Appellant Reply Jan 21, 2010 1:15 PM Appellant Reply Brief
Extension - Grant of Extension until Jan. 14, 2010, to file Appellant's Reply Brief Dec 24, 2009 9:53 AM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) Dec 23, 2009 1:54 PM Motion
Brief - Appellee Dec 17, 2009 9:02 AM Appellee Response Brief
Extension - Grant of Extension until Dec. 9, 2009, to file Appellee's brief Nov 6, 2009 3:08 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellee) Nov 6, 2009 1:26 PM Motion
Brief - Appellant Oct 8, 2009 2:35 PM Appellant Opening Brief
Order - Grant - Extension of Time until Oct. 8, 2009, to file opening brief Sep 2, 2009 11:36 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to Court Sep 1, 2009 9:25 AM Motion
Notice - Incoming - re transcript Aug 17, 2009 11:09 AM Notice - Incoming
Order - Grant - Extension of Time - Appellant is granted until 9/8/09 to file his opening brief Jul 31, 2009 2:31 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant) sent to court Jul 30, 2009 9:21 AM Motion
Notice - Outgoing - District Court Record Filed Jul 8, 2009 11:52 AM Record
Record - DC Record/Transcript Filed (2 red folders, 1 orig. transcript dated 10/4/07 with CD) Jul 7, 2009 11:51 AM Record
Notice - Incoming - Appearance (Tammy Hinderman) Jun 15, 2009 10:30 AM Notice - Incoming
Notice - Outgoing - Transcript Filed Jun 11, 2009 4:17 PM Transcript
Record - Transcript Filed (5 original condensed transcripts of 3/27/08, 6/5/08, 11/12/08, 11/13/08 and 1/22/09 hearings w/DVD) Jun 11, 2009 4:15 PM Record
Notice - Outgoing - Transcript Filed Jun 8, 2009 3:44 PM Transcript
Transcript Filed (from 02/26/09 - 1 vol. orig. and 1 copy with disc) Jun 8, 2009 3:39 PM Transcript
Notice - Outgoing - Appeal Notice May 20, 2009 4:43 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed May 11, 2009 4:42 PM Notice - Incoming