State v. Z. Smith

DA 22-0242 ·Direct Appeal ·Criminal ·Closed
Docket DA 22-0242
Type Direct Appeal — Assault-Partner/Family
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC 20-491
Lower court judge Hon. Robert L. Deschamps

Key dates

Closed Jan 8, 2025
Classified Jul 31, 2024
Appeal filed May 9, 2022
Record filed Sep 8, 2022
Briefing ended May 6, 2024
Opinion issued Dec 23, 2024
Briefing started Jan 11, 2024
Transcript filed Jan 11, 2024
Sent to the court May 6, 2024
Submitted for decision May 6, 2024
Appellant Reply Brief Filed May 6, 2024
Appellant Opening Brief Filed Jan 25, 2024
Appellee Response Brief Filed Mar 21, 2024

Calculated

from the docket dates
Appeal filed to briefing start 612
Briefing days 116
Briefing start to opening brief filed 14
Classified to Opinion 145
Close of briefing to sent to court 0
Filing date to Opinion 959
Filing date to closed 975
Opening to response 56
Opinion to closed 15
Response to reply 45
Sent to court to classified 85
Submitted for decision to Opinion 231

Tags

Affirmed in part, reversed in part Amended/corrected opinion Closed Final Order Issued Five Justice Panel Non-cite opinion Request for Out of Time Appeal Granted Request for out of time appeal filed

Parties

Appellee
State of Montana
Represented by Roy Lindsay Brown, Jr
Appellant
Zechariah Justin Daniel Smith
Represented by Tammy Ann Hinderman

Opinion

State v. Z. Smith, 2024 MT 316N

Affirmed in part, reversed in part on December 23, 2024, in a 5 to 0 non-cite opinion.

Events

most recent first
Event - Case Closed - Electronic Records Jan 8, 2025 8:47 AM Closing Notice
Notice - Outgoing - Remittitur Issued Jan 8, 2025 8:41 AM Closing Notice
Notice - Outgoing - Corrected Opinion Dec 23, 2024 3:36 PM Notice - Outgoing
Opinion - Noncite/Memorandum - Justice McGrath - Corrected - Affirmed in part, Reversed in part and remanded Dec 23, 2024 2:25 PM Opinion
Order - Classified - Five Justice Panel Jul 31, 2024 10:31 AM Classifying Notice
Notice - Outgoing - Brief Filed May 16, 2024 10:44 AM Notice - Outgoing
Unredacted - Brief - Appellee's Response May 15, 2024 4:33 PM Other
Order - Appellant's Motion for relief pursuant to M. R. App. P. l0(h)(ii) is GRANTED. IT IS FURTHER ORDERED that Appellee shall file a redacted version of its Answer Brief, consistent with the requirements of M. R. App. P. 10(7)(b ), with the Clerk of this Court within 10 days of the date of this Order. IT IS FURTHER ORDERED that Appellee's unredacted Answer Brief, and this Order, along with Appellant's motion and Appellee's response thereto, shall be filed under seal May 14, 2024 4:45 PM Order - Other
Event - Case Sent to Court May 6, 2024 2:12 PM Classifying Notice
Notice - Outgoing - Brief Filed May 6, 2024 2:11 PM Notice - Outgoing
Brief - Appellant Unredacted Reply May 6, 2024 11:41 AM Appellant Reply Brief
Brief - Appellant Redacted Reply May 6, 2024 11:41 AM Appellant Reply Brief
Event - Sent to Court-Pleading May 1, 2024 9:22 AM Event
Response/Objection - Response to Motion May 1, 2024 9:15 AM Response
Motion - Opposed - for Protective Order Filed Under Seal - held for response Apr 26, 2024 1:47 PM Motion
Order - Grant - Extension of Time - Appellant is given an extension of time until May 6, 2024, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Apr 3, 2024 9:05 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellant's Reply Brief Apr 2, 2024 5:04 PM Motion
Notice - Outgoing - Brief Filed Mar 22, 2024 10:15 AM Notice - Outgoing
Brief - Redacted Appellee's Response Mar 21, 2024 4:16 PM Appellee Response Brief
Extension - Grant of Extension - Appellee is granted an extension of time to and including March 25, 2024, within which to prepare, serve, and file its response brief Feb 14, 2024 10:46 AM Extension
Motion - Unopposed - Appellee's Extension of Time - Brief (First Request 30 Days) Feb 14, 2024 9:28 AM Motion
Notice - Outgoing - Brief Filed Jan 25, 2024 4:52 PM Notice - Outgoing
Brief - Appellant's Opening Jan 25, 2024 1:32 PM Appellant Opening Brief
Order - Dismiss - Partial - IT IS HEREBY ORDERED that Appellant's appeal in Montana Supreme Court Cause Number DA 22-0244 is hereby DISMISSED with prejudice. Cause Numbers DA 22-0242, DA 22-0243, DA 22-0245, DA 22-0246, and DA 22-0308 shall go forward on appeal under Cause Number 22-0242 Jan 24, 2024 3:12 PM Closing Notice
Motion - Unopposed - Dismiss - Appellant's Motion to Dismiss DA 22-0244 Jan 24, 2024 10:27 AM Motion
Notice - Outgoing - Transcript Filed Jan 11, 2024 11:26 AM Transcript
Record - Electronic Transcript Filed for Cause No. DC-21-433 of 08/10/2021 hearing Jan 11, 2024 11:13 AM Record
Order - Grant - Extension of Time - Appellant is granted an extension to January 26, 2024, to prepare, file, and serve Appellant's opening brief Jan 2, 2024 12:52 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Jan 2, 2024 11:24 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to January 12, 2024, to prepare, file, and serve Appellant's opening brief Dec 6, 2023 1:42 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Dec 6, 2023 11:47 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to December 13, 2023, to prepare, file, and serve Appellant's opening brief Nov 6, 2023 11:30 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Nov 3, 2023 6:03 PM Motion
Order - Consolidating Cases - Appellant's motion to consolidate is granted. Cause Nos. DA 22-0242, DA 22-0243, DA 22-0244, DA 22-0245, DA 22-0246, and DA 22-0308 are hereby consolidated for the purposes of appeal under Cause No. DA 22-0242 Oct 31, 2023 4:53 PM Order - Other
Motion - Unopposed - Consolidate Oct 31, 2023 1:02 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including November 13, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Oct 3, 2023 8:39 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of time to file Opening Brief Oct 2, 2023 6:32 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 11, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 5, 2023 1:18 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Sep 5, 2023 10:16 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to September 11, 2023, to prepare, file, and serve Appellant's opening brief Jul 5, 2023 12:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's tenth request for an extension Jul 5, 2023 9:40 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including July 12, 2023, within which to prepare, file, and serve Appellant's opening brief Jun 5, 2023 1:23 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 5, 2023 11:18 AM Motion
Order - Appellant is granted an extension of time to and including June 12, 2023, within which to prepare, file, and serve Appellant's opening brief May 3, 2023 11:29 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 3, 2023 9:58 AM Motion
Order - Appellant is granted an extension of time to and including May 12, 2023, within which to prepare, file, and serve Appellant's opening brief Apr 3, 2023 10:20 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Apr 3, 2023 8:34 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 4/12/23 to file the opening brief Mar 6, 2023 2:26 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 6, 2023 8:56 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 3/13/23 to file the opening brief Feb 2, 2023 9:44 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 2, 2023 8:45 AM Motion
Order - Appellant is granted an extension of time to and including February 10, 2023, within which to prepare, file, and serve Appellant's opening brief Jan 3, 2023 11:16 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 3, 2023 9:20 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including January 11, 2023, within which to prepare, file, and serve Appellant's opening brief Dec 5, 2022 12:50 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Dec 5, 2022 12:15 PM Motion
Order - Appellant is granted an extension of time to and including December 12, 2022, within which to prepare, file, and serve Appellant's opening brief Oct 28, 2022 10:42 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Oct 28, 2022 9:39 AM Motion
Extension - Appellant is given an extension of time until November 10, 2022, to prepare, file, and serve the Appellant's opening brief Oct 11, 2022 4:27 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Oct 11, 2022 1:28 PM Motion
Notice - Outgoing - Transcript Filed Sep 12, 2022 8:30 AM Transcript
Electronic Transcript File of September 22, 2020; September 29, 2020; October 27, 2020; January 19, 2021; February 2, 2021; September 13, 2021; September 21, 2021; September 28, 2021; October 5, 2021; October 22, 2021 and October 29, 2021 hearings Sep 9, 2022 5:38 PM Other
Notice - Outgoing - District Court Record Filed Sep 8, 2022 4:34 PM Record
DC Record Filed for Cause No. DC-20-491 consisting of electronic documents 1-90; electronic lodged & sealed documents; and Case Register Report Sep 8, 2022 4:31 PM Record
Notice - Outgoing - Transcript Filed - TRANSCRIPT OF PROCEEDINGS - 9-14-2020 Sep 7, 2022 12:40 PM Transcript
Record - Transcript Filed - TRANSCRIPT OF PROCEEDINGS - 9-14-2020 Sep 7, 2022 12:11 PM Record
Notice - Outgoing - Other Jul 28, 2022 9:25 AM Notice - Outgoing
Rulings - Other Courts - Order-Granting Extension of Time to Prepare Transcript - Court Reporter Morrow is granted until September 8, 2022 to file transcripts Jul 22, 2022 11:19 AM Ruling
Notice - Outgoing - Rulings -Other Courts Jul 18, 2022 3:39 PM Notice - Outgoing
Rulings - Other Courts - Order-Granting Extension of Time for Court Reporter Rebish to Prepare Transcript to September 6, 2022 Jul 18, 2022 3:11 PM Ruling
Affidavit of Court Report for extension Jul 18, 2022 3:11 PM Other
Notice - Incoming - Transcripts Deemed Necessary Jun 8, 2022 11:37 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Jun 8, 2022 1:49 PM Notice - Outgoing
Notice of Appeal Filed Jun 8, 2022 10:11 AM Notice
Order - the petition for out of time appeal is GRANTED; Appellant shall have 30- days to file a notice of appeal and request for transcripts May 17, 2022 2:17 PM Order - Other
Event - Sent to Court-Pleading May 9, 2022 3:48 PM Event
Petition - Out of Time Appeal May 9, 2022 2:47 PM Petition