State v. N. Winzenburg

DA 20-0502 ·Direct Appeal ·Criminal ·Closed
Docket DA 20-0502
Type Direct Appeal — Robbery
Classification Criminal
Outcome Affirmed
Lower court case DC-17-324(A)
Lower court judge Hon. Amy Poehling Eddy

Key dates

Closed Dec 29, 2022
Classified Oct 26, 2022
Appeal filed Oct 16, 2020
Record filed May 19, 2022
Briefing ended Sep 14, 2022
Opinion issued Dec 13, 2022
Briefing started May 19, 2022
Transcript filed Jan 19, 2022
Sent to the court Sep 15, 2022
Submitted for decision Sep 15, 2022
Appellant Reply Brief Filed Sep 14, 2022
Appellant Opening Brief Filed Mar 14, 2022
Appellee Response Brief Filed Aug 2, 2022

Calculated

from the docket dates
Appeal filed to briefing start 580
Briefing days 118
Briefing start to opening brief filed 66
Classified to Opinion 48
Close of briefing to sent to court 0
Filing date to Opinion 788
Filing date to closed 804
Opening to response 140
Opinion to closed 15
Response to reply 43
Sent to court to classified 41
Submitted for decision to Opinion 89

Tags

Affirmed Closed Five Justice Panel Published opinion Request for out of time appeal filed

Parties

Appellee
State of Montana
Represented by Travis R. Ahner
Appellant
Nicholas Lee Winzenburg
Represented by Chad M. Wright

Opinion

State v. N. Winzenburg, 2022 MT 242

Affirmed on December 13, 2022, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 9, 2023 3:41 PM Record
Record - DC Record Returned to District Court - EXHIBITS ONLY Dec 29, 2022 11:08 AM Record
Event - Case Closed Dec 29, 2022 11:08 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Dec 29, 2022 10:58 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Dec 29, 2022 10:57 AM Closing Notice
Opinion - Published - JSUTICE MCKINNON AFFIRMS Dec 13, 2022 3:02 PM Opinion
Order - Classified - Five Justice Panel Oct 26, 2022 11:12 AM Classifying Notice
Event - Case Sent to Court Sep 15, 2022 9:03 AM Classifying Notice
Notice - Outgoing - Appellant's Reply Brief Filed Sep 15, 2022 9:02 AM Notice - Outgoing
Brief - Appellant Reply Sep 14, 2022 4:11 PM Appellant Reply Brief
Order - Appellant is given an extension of time until September 15, 2022, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Aug 15, 2022 2:17 PM Order - Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Aug 15, 2022 12:45 PM Motion
Notice - Outgoing - Appellee's Brief Filed Aug 2, 2022 4:26 PM Notice - Outgoing
Brief - Appellee's Response Aug 2, 2022 10:05 AM Appellee Response Brief
Order- Appellee is granted an extension of time to and including August 12, 2022, within which to prepare, serve, and file its response brief Jul 6, 2022 11:16 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellee Response) Jul 6, 2022 10:31 AM Motion
Order - Grant - Extension of Time - Appellee is granted until July 13, 2022 to file the response brief Jun 3, 2022 12:40 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief Jun 3, 2022 11:04 AM Motion
Notice - Outgoing - District Court Record Filed May 19, 2022 3:59 PM Record
Record - replacement ROA #49 - Jury Instructions placed in record as 49.1 May 18, 2022 10:54 AM Record
Order - Grant - Extension of Time - Appellee is granted until June 13, 2022 to file the response brief May 6, 2022 9:35 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellee's Brief May 6, 2022 8:08 AM Motion
Extension - Grant of Extension - Appellee's motion for a 30-day extension of time, and good cause appearing therefor, Appellee is granted an extension of time to and including May 13, 2022, within which to prepare, serve, and file its response brief Apr 15, 2022 12:08 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellee Response) Apr 13, 2022 8:00 AM Motion
Notice - Outgoing - Appellant's Brief Filed Mar 14, 2022 2:24 PM Notice - Outgoing
Brief - Appellant's Opening Mar 14, 2022 11:41 AM Appellant Opening Brief
Order - Grant - Extension of Time - Appellant is granted until March 14, 2022 to file the opening brief Feb 4, 2022 10:28 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Feb 4, 2022 8:00 AM Motion
Notice - Outgoing - Transcript Filed: The Original Transcripts on Appeal for the hearings held July 20 (Arraignment) , 2017 and July 27, 2017 (BOND HEARING) Jan 19, 2022 1:58 PM Transcript
Record - Transcript Filed: The Original Transcripts on Appeal for the hearings held July 20 (Arraignment) , 2017 and July 27, 2017 (BOND HEARING) Jan 19, 2022 11:59 AM Record
Order - Appellant is granted an extension of time to and including February 11, 2022, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 5, 2022 9:11 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Jan 5, 2022 8:00 AM Motion
Order - Appellant is granted an extension of time to and including January 12, 2022, within which to prepare, file, and serve Appellant's opening brief Dec 6, 2021 10:55 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Dec 6, 2021 8:37 AM Motion
Order - Grant - Extension of Time - Appellant is granted until 12/13/21 to file the opening brief Nov 8, 2021 3:58 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellate Defender for the Appellate Defender Division (ADD), and respectfully requests an extension of time until December 13, 2021, in which to prepare, file, and serve the Appellant's opening brief Nov 8, 2021 12:42 PM Motion
Order - Grant - Extension of Time - Appellant is granted until November 12, 2021 to file the opening brief Oct 7, 2021 3:29 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Oct 7, 2021 2:04 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including October 13, 2021, within which to prepare, file, and serve opening brief Sep 7, 2021 4:42 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellate respectfully requests an extension of time until October 13, 2021, in which to prepare, file, and serve the opening brief Sep 7, 2021 10:30 AM Motion
Order - Appellant is granted an extension of time to and including September 13, 2021, within which to prepare, file, and serve Appellant's opening brief on appeal Aug 10, 2021 5:19 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Aug 9, 2021 6:59 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including August 13, 2021, within which to prepare, file, and serve Appellant's opening brief Jul 7, 2021 1:27 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Until August 13, 2021, in which to prepare, file, and serve the Appellant's opening Jul 7, 2021 11:44 AM Motion
Order - Appellant is granted an extension of time to and including July 14, 2021, within which to prepare, file, and serve Appellant's opening brief Jun 7, 2021 3:59 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension Jun 7, 2021 12:43 PM Motion
Order - Appellant is granted an extension of time to and including June 14, 2021, within which to prepare, file, and serve Appellant's opening brief May 10, 2021 5:17 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief May 10, 2021 8:00 AM Motion
Order - Grant - Extension of Time - Appellant is granted until May 14, 2021 to file the opening brief Apr 7, 2021 4:38 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Apr 7, 2021 1:13 PM Motion
Order - Grant - Extension of Time - Appellant is granted until April 14, 2021 to file the opening brief Mar 5, 2021 4:30 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 5, 2021 8:56 AM Motion
Extension - Appellant is given an extension of time until March 15, 2021, to prepare, file, and serve the Appellant's opening brief Feb 11, 2021 4:17 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) (Appellant Opening) Feb 11, 2021 1:57 PM Motion
Notice - Outgoing - Amended Letter of Record transmitted Jan 20, 2021 1:21 PM Notice - Outgoing
Notice - Outgoing - Exhibits Filed Jan 14, 2021 9:45 AM Notice - Outgoing
Record - Exhibits Filed - 1 envelope exhibits (4 disks) Jan 14, 2021 9:45 AM Record
Notice - Outgoing - District Court Record Filed Jan 12, 2021 1:14 PM Record
DC Record Filed for Cause No. DC 17-324 consisting of electronic documents 1-65 and Case Register Report Jan 12, 2021 1:09 PM Record
Notice - Outgoing - Transcript Filed Dec 18, 2020 1:16 PM Transcript
Record - Transcript Filed - electronically transmitted transcripts of 9/14/17, 9/27/17, 10/30/17, 11/13/17, 11/22/17, 11/27/17 and 1/4/18 hearings Dec 18, 2020 12:27 PM Record
Notice - Incoming - Transcripts Deemed Necessary Nov 23, 2020 4:35 PM Notice - Incoming
Notice - Outgoing - Appeal Notice (to DOJ & ADO) Nov 23, 2020 3:36 PM Notice - Outgoing
Notice - Outgoing - Appeal Notice Nov 23, 2020 12:21 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Nov 23, 2020 12:06 PM Notice - Incoming
Order - Grant Petition for Out of Time Appeal. The Appellate Defender Division is APPOINTED to represent Appellant. The ADO shall have 30 days to file a NOA or a Motion to rescind this order Oct 27, 2020 4:00 PM Order - Other
Event - Sent to Court-Pleading Oct 16, 2020 11:02 AM Event
Petition - Out of Time Appeal Oct 16, 2020 11:00 AM Petition