State v. J. Shewalter

DA 23-0398 ·Direct Appeal ·Criminal ·Closed
Docket DA 23-0398
Type Direct Appeal — Revocation
Classification Criminal
Outcome Affirmed in part, reversed in part
Lower court case DC-06-45
Lower court judge Hon. Deborah K. Christopher

Key dates

Closed Sep 25, 2025
Classified Apr 9, 2025
Appeal filed Jul 21, 2023
Record filed Sep 28, 2023
Briefing ended Mar 7, 2025
Opinion issued Sep 9, 2025
Briefing started Sep 28, 2023
Transcript filed Sep 21, 2023
Sent to the court Mar 10, 2025
Submitted for decision Mar 10, 2025
Appellant Reply Brief Filed Mar 7, 2025
Appellant Opening Brief Filed Dec 17, 2024
Appellee Response Brief Filed Feb 11, 2025

Calculated

from the docket dates
Appeal filed to briefing start 69
Briefing days 525
Briefing start to opening brief filed 445
Classified to Opinion 153
Close of briefing to sent to court 3
Filing date to Opinion 781
Filing date to closed 797
Opening to response 56
Opinion to closed 15
Response to reply 23
Sent to court to classified 30
Submitted for decision to Opinion 183

Tags

Affirmed in part, reversed in part Closed Five Justice Panel Published opinion

Parties

Appellee
State of Montana
Represented by James Allen Lapotka
Appellant
Jason Daniel Shewalter
Represented by Tammy Ann Hinderman

Opinion

State v. J. Shewalter, 2025 MT 202

Affirmed in part, reversed in part on September 9, 2025, in a 5 to 0 published opinion.

Events

most recent first
Record - DC Record Return Card Filed Oct 2, 2025 11:56 AM Record
Event - Case Closed Sep 25, 2025 9:33 AM Closing Notice
Record - DC Record Returned to District Court Sep 25, 2025 9:31 AM Record
Notice - Outgoing - Opinion Release Notice Issued Sep 25, 2025 9:27 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Sep 25, 2025 9:18 AM Closing Notice
Opinion - Published - Justice Rice - Affirmed in part, Reversed in part, and remanded Sep 9, 2025 3:44 PM Opinion
Order - Classified - Five Justice Panel Apr 9, 2025 12:06 PM Classifying Notice
Event - Case Sent to Court Mar 10, 2025 9:20 AM Classifying Notice
Notice - Outgoing - Brief Filed Mar 7, 2025 10:36 AM Notice - Outgoing
Brief - Appellant Reply Mar 7, 2025 8:10 AM Appellant Reply Brief
Order - Appellant is given an extension of time until March 27, 2025, to prepare, file, and serve the Appellant's reply brief. No further extensions will be granted Feb 25, 2025 5:29 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Feb 25, 2025 4:18 PM Motion
Notice - Outgoing - Brief Filed Feb 11, 2025 4:35 PM Notice - Outgoing
Brief - Appellee's Response Feb 11, 2025 2:27 PM Appellee Response Brief
Extension - Appellee is granted an extension of time to and including February 17, 2025, within which to prepare, file, and serve its response brief Jan 13, 2025 10:56 AM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) - Appellee's Response Brief Jan 13, 2025 10:18 AM Motion
Notice - Outgoing - Brief Filed Dec 17, 2024 9:58 AM Notice - Outgoing
Brief - Appellant's Opening Dec 17, 2024 8:16 AM Appellant Opening Brief
Order - Appellant is granted an extension of time to and including December 26, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 19, 2024 6:25 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Nov 19, 2024 12:00 PM Motion
Notice - Outgoing - Additional District Court Documents Sep 23, 2024 11:13 AM Notice - Outgoing
Record - Additional DC Documents Filed for Cause No. DC-06-45 consisting of one (1) large manila envelope with the PSI Sep 23, 2024 11:11 AM Record
Order - Appellant is granted an extension of time to and including November 26, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Sep 20, 2024 12:20 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Sep 20, 2024 8:19 AM Motion
Order - Appellant is granted an extension of time to and including September 27, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jul 22, 2024 9:16 AM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jul 22, 2024 8:46 AM Motion
Order - Appellant is granted an extension of time to and including July 29, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jun 20, 2024 12:31 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension Jun 20, 2024 9:49 AM Motion
Order -Appellant is granted an extension of time to and including June 28, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal May 20, 2024 3:36 PM Order - Extension
Motion - Unopposed - Appellant' Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief May 20, 2024 9:27 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to May 29, 2024, to prepare, file, and serve Appellant's opening brief Apr 23, 2024 9:48 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Apr 23, 2024 8:24 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including April 29, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Mar 19, 2024 8:52 AM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Mar 18, 2024 5:36 PM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including March 29, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Feb 23, 2024 12:15 PM Order - Extension
Motion - Unopposed - Appellant's Motion and Affidavit for Second or Subsequent Extension of Time to File Opening Brief Feb 23, 2024 10:53 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including February 28, 2024, within which to prepare, file, and serve Appellant's opening brief on appeal Jan 22, 2024 3:07 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension - Appellant's Opening Brief Jan 22, 2024 11:36 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension to January 29, 2024, to prepare, file, and serve Appellant's opening brief Dec 22, 2023 12:50 PM Order - Extension
Motion - Unopposed - (OPENING) Motion and Affidavit for Second or Subsequent Extension Dec 22, 2023 11:54 AM Motion
Order - Grant - Extension of Time - Appellant is granted an extension of time to and including December 29, 2023, within which to prepare, file, and serve Appellant's opening brief on appeal Nov 22, 2023 4:40 PM Order - Extension
Motion - Unopposed - APPELLANT OPENING - Motion and Affidavit for Second or Subsequent Extension Nov 22, 2023 12:37 PM Motion
Extension - Grant of Extension - Appellant is given an extension of time until November 29, 2023, to prepare, file, and serve the Appellant's opening brief Oct 23, 2023 4:25 PM Extension
Motion - Unopposed - Appellant's Extension of Time - Brief (First Request 30 Days) Oct 23, 2023 11:02 AM Motion
Notice - Outgoing - District Court Record Filed Sep 28, 2023 2:52 PM Record
Record - DC Record Filed for Cause No. DC-06-45 consisting of one red folder and the Case Register Report Sep 28, 2023 2:51 PM Record
Notice - Outgoing - Transcript Filed Sep 21, 2023 10:50 AM Transcript
Record - Transcript received for cause #DC 06-45 consisting of August 25, 2022 Hearing Sep 21, 2023 10:45 AM Record
Notice - Outgoing - Transcript Filed for Hearing on October 13, 2022 for DC 2006-45 Sep 1, 2023 1:24 PM Transcript
Record - DC Record/Transcript Filed for Hearing on October 13, 2022 for DC 2006-45 Sep 1, 2023 1:22 PM Record
Notice - Incoming - Transcripts Deemed Necessary Aug 31, 2023 9:51 AM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 23, 2023 2:06 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Aug 23, 2023 1:10 PM Notice - Incoming
Order - Grant - IT IS ORDERED that Shewalter's Petition for an Out-of-Time Appeal is GRANTED. IT IS FURTHER ORDERED that the Appellate Defender Division is APPOINTED to represent Jason Daniel Shewalter Aug 1, 2023 3:00 PM Order - Other
Event - Sent to Court-Pleading Jul 21, 2023 10:12 AM Event
Petition - Out of Time Appeal Jul 20, 2023 10:07 AM Petition