State v. Ghostbear

DA 13-0081 ·Direct Appeal ·Criminal ·Closed
Docket DA 13-0081
Type Direct Appeal — Sexual Intercourse without Consent
Classification Criminal
Outcome Reversed
Lower court case DC 2012-008
Lower court judge Hon. Daniel A. Boucher

Key dates

Closed Oct 23, 2014
Classified May 28, 2014
Appeal filed Jan 30, 2013
Record filed May 13, 2013
Briefing ended Mar 27, 2014
Opinion issued Oct 23, 2014
Briefing started Jun 19, 2013
Transcript filed Jun 19, 2013
Rehearing granted Oct 23, 2014
Sent to the court Mar 28, 2014
Rehearing requested Jul 31, 2014
Submitted for decision Mar 28, 2014
Appellant Reply Brief Filed Mar 27, 2014
Appellant Opening Brief Filed Jul 18, 2013
Appellee Response Brief Filed Feb 14, 2014

Calculated

from the docket dates
Appeal filed to briefing start 140
Briefing days 281
Briefing start to opening brief filed 29
Classified to Opinion 148
Close of briefing to sent to court 0
Filing date to Opinion 631
Filing date to closed 631
Opening to response 210
Opinion to closed 0
Response to reply 41
Sent to court to classified 61
Submitted for decision to Opinion 209

Tags

Amended/corrected opinion Closed En Banc Published opinion Rehearing granted Rehearing requested Reversed

Parties

Appellant
State of Montana
Represented by Timothy Charles Fox
Appellee
Edward Harold Ghostbear
Represented by Wade M Zolynski

Opinion

State v. Ghostbear, 2014 MT 192A

Reversed on October 23, 2014, in a 4 to 0 with 2 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Oct 28, 2014 10:41 AM Record
Event - Case Closed Oct 23, 2014 4:37 PM Closing Notice
Record - DC Record Returned to District Court Oct 23, 2014 4:37 PM Record
Notice - Outgoing - Opinion Release Notice Issued Oct 23, 2014 4:32 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Oct 23, 2014 4:30 PM Closing Notice
Amended Opinion - Published - McGrath, reversed and remanded Oct 23, 2014 12:54 PM Opinion
Order - Grant Petition for Rehearing; the Court's 7/22/14 opinion is WITHDRAWN Oct 23, 2014 12:52 PM Granting Rehearing
Event - Sent to Court-Pleading (Petition for rehearing and response) Aug 5, 2014 12:20 PM Event
Response/Objection - Rehearing Aug 4, 2014 12:18 PM Response
Petition - Rehearing- held for response Jul 31, 2014 10:29 AM Petition
Notice of Corrected Opinion Jul 24, 2014 4:39 PM Superseded opinion
Opinion - Published; McGrath, reversed and remanded Jul 22, 2014 11:22 AM Superseded opinion
Order - Classified - En Banc May 28, 2014 11:54 AM Classifying Notice
Event - Case Sent to Court Mar 28, 2014 9:01 AM Classifying Notice
Brief - Appellant Reply Mar 27, 2014 4:21 PM Appellant Reply Brief
Extension - Grant of Extension until March 31, to file appellant's reply brief Feb 25, 2014 4:25 PM Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) Feb 25, 2014 4:16 PM Motion
Brief - Appellee Feb 14, 2014 3:18 PM Appellee Response Brief
Order - Grant of extension until February 17, 2014 to discuss options with his counsel and to file his Appellee's brief Jan 3, 2014 11:40 AM Order - Extension
Motion - Extension of Time - Brief - Appellee (Edward Ghost Bear). sent to Court Dec 19, 2013 1:50 PM Motion
Order - Grant - Extension of Time to January 17, 2014 to file Appellee's brief Dec 10, 2013 3:47 PM Order - Extension
Motion and Affidavit - Unopposed - Extension of Time - Brief - Appellee. sent to Court Dec 9, 2013 11:31 AM Motion
Order - Grant - Extension of Time to December 18, 2013 to file Appellee's brief Nov 6, 2013 1:42 PM Order - Extension
Motion and Affidavit - Extension of Time - Appellee's Brief. (copy to Court w/ SC file) Nov 5, 2013 8:20 AM Motion
Order - Grant - Extension of Time until November 18, 2013, to file Appellee's Brief Oct 3, 2013 4:32 PM Order - Extension
Motion - Appellee Unopposed Extension of Time to file Brief and Affidavit in Support (sent to court w/sc file) Oct 2, 2013 4:41 PM Motion
Order - Grant - Extension of Time to October 18, 2013 to file Appellant's brief Sep 11, 2013 4:22 PM Order - Extension
Motion - Appellee Unopposed 2nd Extension of Time to file Brief and Affidavit in Support (sent to court) Sep 10, 2013 9:49 AM Motion
Order - Denying Motion for Substitution of Counsel Aug 13, 2013 9:26 AM Order - Other
Extension - Grant of Extension - Appellee is given until 9/18/13 to file its brief Aug 6, 2013 11:43 AM Extension
Motion - Unopposed - Extension of Time - Brief - Appellee Aug 5, 2013 10:01 AM Motion
Motion - Motion for Substitution of Counsel. copies to Court Jul 31, 2013 2:05 PM Motion
Brief - Appellant Jul 18, 2013 4:54 PM Appellant Opening Brief
Notice - Outgoing - Transcript Filed Jun 19, 2013 10:15 AM Transcript
Record - Transcript Filed - 5 original condensed transcripts w/DVDs of 10/24/12, 10/25/12, 10/26/12, 10/29/12 and 10/30/12 trial Jun 19, 2013 10:14 AM Record
Rulings - Other Courts - Order-Granting Extension of Time until 5/31/13 to Prepare Transcript May 15, 2013 2:48 PM Ruling
Notice - Outgoing - District Court Record Filed May 13, 2013 1:54 PM Record
Record - DC Record Filed - five (5) red file folders May 13, 2013 1:42 PM Record
Rulings - Other Courts - Order-Granting Extension of Time until 5/9/13 to Prepare Transcript Apr 10, 2013 10:36 AM Ruling
Rulings - Other Courts - Order-Granting Extension of Time to Transmit Record until April 11, 2013 Mar 13, 2013 3:57 PM Ruling
Order - Deny Motion to Dismiss Feb 27, 2013 11:07 AM Order - Other
Event - Sent to Court-Pleadings (Motion to Dismiss & Response) Feb 19, 2013 3:06 PM Event
State's Response to Motion to Dismiss Feb 19, 2013 3:05 PM Other
Notice - Incoming - Transcripts Deemed Necessary Feb 11, 2013 4:47 PM Notice - Incoming
Motion - Opposed - Dismiss - Appellee's (holding for objection, if any) Feb 6, 2013 10:10 AM Motion
Notice - Outgoing - Appeal Notice Jan 30, 2013 12:22 PM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jan 30, 2013 12:22 PM Notice - Incoming