State v. Q. Smith

DA 20-0382 ·Direct Appeal ·Criminal ·Closed
Docket DA 20-0382
Type Direct Appeal — Justice Court Appeal
Classification Criminal
Outcome Reversed
Lower court case DC-20-24
Lower court judge Hon. Howard F. Recht

Key dates

Closed Jan 13, 2022
Classified Sep 9, 2021
Appeal filed Jul 29, 2020
Record filed Sep 30, 2020
Oral argument Nov 3, 2021
Briefing ended Aug 9, 2021
Opinion issued Dec 28, 2021
Briefing started Oct 29, 2020
Transcript filed Oct 29, 2020
Sent to the court Aug 10, 2021
Submitted for decision Nov 3, 2021
Appellant Reply Brief Filed Aug 9, 2021
Appellant Opening Brief Filed Feb 19, 2021
Appellee Response Brief Filed Jun 26, 2021

Calculated

from the docket dates
Appeal filed to briefing start 92
Briefing days 283
Briefing start to opening brief filed 113
Classified to Opinion 109
Close of briefing to sent to court 0
Filing date to Opinion 517
Filing date to closed 533
Opening to response 126
Opinion to closed 15
Oral argument to Opinion 54
Response to reply 44
Sent to court to classified 30
Sent to court to oral argument 85
Submitted for decision to Opinion 140

Tags

Closed Opinion synopsis issued Oral Argument Published opinion Reversed

Parties

Appellee
State of Montana
Represented by William E. Fulbright
Appellant
Quincy Smith
Represented by Dwight J. Schulte

Opinion

State v. Q. Smith, 2021 MT 324

Reversed on December 28, 2021, in a 7 to 0 with 1 concurring published opinion.

Events

most recent first
Record - DC Record Return Card Filed Jan 26, 2022 1:34 PM Record
Record - DC Record document record submitted electronically. The Exhibit record returned to District Court Jan 13, 2022 8:47 AM Record
Event - Case Closed Jan 13, 2022 8:46 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jan 13, 2022 8:45 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jan 13, 2022 8:44 AM Closing Notice
Opinion - Synopsis of Opinion Dec 28, 2021 3:01 PM Synopsis
Opinion - Published - Justice Baker, reversed Dec 28, 2021 2:55 PM Opinion
Event - Oral Argument Presented - Dwight Schulte argued for the Appellant and Brad Fjeldheim argued for the Appellee. The matter was taken under advisement at 10:29 a.m Nov 3, 2021 3:39 PM Event
Notice - Incoming - Appearance - substitute Brad Fjeldheim for Damon Martin for Appellee Sep 23, 2021 4:24 PM Notice - Incoming
Notice - Incoming - signed notice of hearing - Dwight Schulte Sep 23, 2021 10:59 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Sep 9, 2021 4:37 PM Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, November 3, 2021 at 9:30 a.m. by Zoom Sep 9, 2021 4:34 PM Classifying Notice
Event - Case Sent to Court Aug 10, 2021 11:50 AM Classifying Notice
Notice - Outgoing - Brief Filed (Appellant's Reply) Aug 10, 2021 11:49 AM Notice - Outgoing
Brief - Appellant Reply Aug 9, 2021 3:37 PM Appellant Reply Brief
Order -Appellant is granted an extension of time to and including August 9, 2021 within which to prepare, file, and serve Appellant's reply brief on appeal. No further extensions will be granted Jul 1, 2021 3:45 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief (First Request 30 Days) Jun 30, 2021 10:23 AM Motion
Notice - Outgoing - Brief Filed (Appellee's) Jun 28, 2021 11:36 AM Notice - Outgoing
Brief - Appellee's Response Jun 25, 2021 7:59 PM Appellee Response Brief
Order - Grant - Extension of Time - Appellee is granted until June 19, 2021 to file the response brief May 14, 2021 12:44 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellee's Brief May 13, 2021 4:48 PM Motion
Order - Appellee is granted an extension of time to and including May 20, 2021, within which to prepare, serve, and file its response brief Mar 24, 2021 3:58 PM Order - Extension
Motion - Unopposed - Extension of Time - Appellee's Brief Mar 22, 2021 6:15 PM Motion
Notice - Outgoing - Brief Filed Feb 22, 2021 7:52 AM Notice - Outgoing
Brief - Appellant's Opening Feb 19, 2021 4:29 PM Appellant Opening Brief
Received a call from Dwight Schulte and a truck hit all their power lines and they are without phone/internet/fax etc. until the power gets back up. They hope by tomorrow in order to file their opening brief Feb 18, 2021 1:44 PM Other
Order - Grant - Extension of Time - Appellant is granted until February 19, 2020 to file the opening brief Jan 20, 2021 3:32 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension to file Appellant's Brief Jan 20, 2021 10:52 AM Motion
Order - Grant - Extension of Time - Appellant is granted until January 29, 2021 to file the opening brief Dec 16, 2020 1:56 PM Order - Extension
Motion - Unopposed - Motion and Affidavit for Second or Subsequent Extension (Appellant Opening) Dec 16, 2020 10:49 AM Motion
Extension - Appellant shall have until December 28, 2020 to file his opening brief Nov 17, 2020 2:01 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Brief (First Request 30 Days) Nov 17, 2020 12:53 PM Motion
Notice - Outgoing - Transcript Filed Oct 29, 2020 3:53 PM Transcript
Record - Transcript Filed - electronically filed transcript of 5/18/20 hearing Oct 29, 2020 3:42 PM Record
Notice - Outgoing - Exhibits Filed Oct 2, 2020 3:20 PM Notice - Outgoing
Record - Exhibits Filed - 1 envelope Oct 2, 2020 3:20 PM Record
Notice - Outgoing - District Court Record Filed Sep 30, 2020 12:36 PM Record
Record - Ravalli County District Court Record DC 20-24 consisting of electronically imaged documents numbered 1-36 Filed (Document #1 is the Justice Court File consisting of documents labeled 1-55) Note. Hard Copy Exhibits to follow US Mail Sep 30, 2020 12:30 PM Record
Amended Certificate of Service Aug 3, 2020 2:43 PM Other
Notice - Outgoing - Appeal Notice Jul 29, 2020 11:37 AM Notice - Outgoing
Notice - Outgoing - Notice Requiring Filing of Amended Notice of Appeal Jul 29, 2020 11:33 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed Jul 29, 2020 11:00 AM Notice - Incoming
Fees - Filing Fee Paid (E-Filing) Jul 29, 2020 11:00 AM Fees